Power Turbine Services Pty Ltd T/A Power Turbine Services Pty Ltd

[2022] FWCA 1697

[2022] FWCA 1697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Power Turbine Services Pty Ltd T/A Power Turbine Services Pty Ltd

(AG2022/1419)

Power Turbine Services Pty Ltd CFMEU and AMWU Latrobe Valley Power Station Agreement 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MAY 2022

Application for approval of the Power Turbine Services Pty Ltd CFMEU and AMWU Latrobe Valley Power Station Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Power Turbine Services Pty Ltd CFMEU and AMWU Latrobe Valley Power Station Agreement 2022 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by Power Turbine Services Pty Ltd T/A Power Turbine Services Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

1. The matter was allocated to my Chambers on 13 May 2022.

1. The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

1. Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the CFMMEU and the AMWU and that the Agreement covers these organisations.

1. On 13 May 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  The parties were notified that pursuant to clause 54(1) of the Act, the Agreement would commence 7 days following approval by the Fair Work Commission instead of the commence date contained at clause 5 of the Agreement.

·  Clause 8 relating to termination and clauses 6.1.6 and 21 relating to public holidays could be inconsistent with the National Employment Standards (NES).

1. The Applicant has submitted an undertaking in the required form dated 19 May 2022. The undertaking deals with the following topic:

·   The employer submitted a NES precedence undertaking.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertaking is taken to be a term of the Agreement.

1. As the Agreement does not contain a consultation term that meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

1. I am satisfied that it is in the public interest to approve the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 January 2025.

COMMISSIONER

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