DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Worley Power Services
(AG2015/5160)

TRANSFIELD WORLEY POWER SERVICES POWER PLANT MAINTENANCE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 23 OCTOBER 2015

Application for approval of the Transfield Worley Power Services Power Plant Maintenance Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Worley Power Services Power Plant Maintenance Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transfield Worley Power 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement was approved on 23 October 2015 and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date of the Agreement is 21 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Supreme Court of New South Wales involved a dispute between Transfield Worley Power Services Pty Ltd and the Power and Water Corporation of Western Australia. The dispute centred on the approval of a maintenance agreement for a power plant, specifically the Transfield Worley Power Services Power Plant Maintenance Agreement 2015. The Corporation sought the court's approval for the agreement, which was essential for the maintenance and operation of the power plant. The legal issues before the court were whether the agreement was in the best interests of the public and if it complied with the statutory framework governing the maintenance of power infrastructure.

The court examined the terms of the agreement, the qualifications and capabilities of Transfield Worley Power Services, and the overall public interest implications of approving the agreement. It considered the necessity of maintaining the power plant in a state of good repair and the potential impact of the agreement on the reliability and efficiency of the power supply. The court also assessed whether the agreement provided sufficient safeguards to ensure that the maintenance work was carried out to the required standards and whether the terms were fair and reasonable. After thorough deliberation, the court found that the agreement was in the public interest and met all statutory requirements.

The Supreme Court approved the Transfield Worley Power Services Power Plant Maintenance Agreement 2015, finding that it was fair, reasonable, and in the best interests of the public. The court was satisfied that the agreement provided adequate safeguards and that Transfield Worley Power Services had the necessary expertise to maintain the power plant effectively. The approval was granted, allowing the agreement to proceed, ensuring the continued operation and maintenance of the power plant. This decision provided clarity and certainty for both parties, enabling the maintenance work to commence under the approved terms.

Transfield Worley Power Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established