DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Power Projects International Pty Ltd
(AG2015/2028)

POWER PROJECTS INTERNATIONAL ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the Power Projects International Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Power Projects International Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Power Projects International Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 28 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Power Projects International Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose out of negotiations between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission, specifically Commissioner Ryan, was tasked with assessing the application and determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the court was whether the agreement met the statutory requirements under the Fair Work Act 2009. This involved scrutinising the bargaining process, the content of the agreement, and ensuring that it did not adversely affect the rights of non-party employees. The court also needed to consider whether the agreement provided a safety net for employees by ensuring it was not worse off than the applicable award or registered agreement.

Commissioner Ryan found that the bargaining process was fair and that the agreement was not worse off than the relevant award. The court noted the importance of ensuring that the agreement did not undermine the rights of non-party employees and confirmed that the proposed agreement met these requirements. The commissioner concluded that the agreement provided a safety net for employees and approved the application for the Power Projects International Enterprise Agreement 2015.

The Fair Work Commission approved the application for the Power Projects International Enterprise Agreement 2015, affirming that the agreement met the necessary statutory criteria. The decision highlighted the importance of ensuring fair bargaining processes and the protection of non-party employees' rights. The approval of the agreement was a significant outcome, providing certainty and stability for both the employer and the employees involved.

Power Projects International Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established