DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd t/a Transfield Services
(AG2015/5139)

TRANSFIELD SERVICES (ORIGIN ENERGY LANG LANG AND YOLLA FACILITIES) AWU & AMWU MECHANICAL MAINTENANCE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Transfield Services (Origin Energy Lang Lang and Yolla facilities) AWU & AMWU Mechanical Maintenance Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Origin Energy Lang Lang and Yolla facilities) AWU & AMWU Mechanical Maintenance Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transfield Services (Australia) Pty Ltd t/a Transfield Services. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd, trading as Transfield Services, applied to the Fair Work Commission for approval of the Transfield Services (Origin Energy Lang Lang and Yolla facilities) AWU & AMWU Mechanical Maintenance Agreement 2015-2018. The application involved a dispute between the applicant and the Australian Workers' Union and the Australian Manufacturing Workers' Union regarding the terms and conditions of employment for mechanical maintenance workers at two Origin Energy facilities. The Fair Work Commission was required to determine whether the proposed agreement was in the best interests of the employees and whether it complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable outcome for the employees, whether it complied with the minimum terms and conditions set out in the Fair Work Act, and whether it was in the best interests of the employees. The Commission also needed to consider whether the agreement provided for an appropriate balance between the rights and interests of the parties and whether it facilitated the efficient operation of the workplace.

After considering the evidence and submissions from the parties, the Commission concluded that the proposed agreement was in the best interests of the employees and complied with the Fair Work Act. The Commission found that the agreement provided for a fair and reasonable outcome for the employees, including appropriate wages and conditions, and facilitated the efficient operation of the workplace. The Commission also found that the agreement provided for an appropriate balance between the rights and interests of the parties.

The Fair Work Commission approved the proposed agreement, subject to certain modifications to address minor concerns raised by the Commission. The modifications included changes to the agreement to ensure compliance with the Fair Work Act and to provide for a more equitable outcome for the employees. The modifications also included changes to address concerns raised by the Commission about the clarity and enforceability of certain provisions of the agreement.

Transfield Services (Australia) Pty Ltd t/a Transfield Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established