DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Power Projects NT Pty Ltd
(AG2018/1280)

POWER PROJECTS (NT) PTY LTD ENTERPRISE AGREEMENT 2018

Building services
COMMISSIONER JOHNS	SYDNEY, 20 JULY 2018

Application for approval of the Power Projects (NT) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Power Projects (NT) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Power Projects NT Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2018. The nominal expiry date of the Agreement is 2 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Power Projects NT Pty Ltd, the applicant, sought approval of the Power Projects (NT) Pty Ltd Enterprise Agreement 2018, from the Fair Work Commission. The applicant is an employer in the electrical and plumbing industry, and the respondents were various unions representing the employees. The unions contested the approval of the agreement, arguing that it contained provisions that were contrary to public policy or contrary to the objects of the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court were whether certain provisions in the agreement were contrary to public policy, and whether they contravened the objects of the Fair Work Act. Specifically, the court had to consider provisions that allowed for the payment of a lower rate of pay to employees under the age of 18, and provisions that allowed for the reduction of penalty rates for certain shifts. The unions argued that these provisions were unfair and would undermine the rights of young workers.

The court found that the provisions in question were not contrary to public policy and did not contravene the objects of the Fair Work Act. The court held that the agreement was in the best interests of the employees, as it provided for a range of benefits and protections that were not available under the applicable awards. The court also found that the provisions relating to the payment of a lower rate of pay to employees under the age of 18, and the reduction of penalty rates for certain shifts, were reasonable and necessary to ensure the long-term viability of the business. The application was therefore approved, and the Power Projects (NT) Pty Ltd Enterprise Agreement 2018 was registered.

Power Projects NT 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