DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Services (Australia) Pty Ltd t/a Transfield Services
(AG2015/5109)

TRANSFIELD SERVICES (ORIGIN ENERGY LANG LANG AND YOLLA FACILITIES) ELECTRICAL / INSTRUMENTATION (ETU) MAINTENANCE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Transfield Services (Origin Energy Lang Lang and Yolla facilities) Electrical / Instrumentation (ETU) 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) Electrical / Instrumentation (ET) 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] The Applicant 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. 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.

[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] 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] 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

Annexure A

CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd t/a Transfield Services brought an application before the Federal Circuit and Family Court of Australia for the approval of a maintenance agreement between the applicant and Origin Energy. The dispute arose from the need to establish the terms under which Transfield Services would provide electrical and instrumentation maintenance services for the Origin Energy Lang Lang and Yolla facilities from 2015 to 2018. The court was tasked with assessing whether the terms of the proposed agreement were fair and reasonable, and whether they complied with relevant legislative requirements.

The court had to determine whether the maintenance agreement, which included terms on scope of work, pricing, and dispute resolution, was fair and reasonable. This required a consideration of the bargaining power of the parties, the clarity and transparency of the terms, and the compliance of the agreement with the Fair Work Act 2009. Additionally, the court needed to ensure that the agreement did not unfairly disadvantage either party and that it met the statutory requirements for approval.

In its decision, the court examined the terms of the proposed agreement and the nature of the relationship between Transfield Services and Origin Energy. The court found that the terms of the agreement were clear, transparent, and balanced. It considered the evidence provided by both parties regarding the reasonableness of the terms and the necessity of the agreement for the operational needs of the facilities. The court concluded that the agreement was fair and reasonable and complied with the statutory requirements for approval.

The Federal Circuit and Family Court of Australia approved the Transfield Services (Origin Energy Lang Lang and Yolla facilities) Electrical / Instrumentation (ETU) Maintenance Agreement 2015-2018. The court's decision was based on its determination that the terms of the agreement were fair and reasonable and that they met the statutory requirements for approval under the Fair Work Act 2009.

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