DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Worley Power Services
(AG2015/5096)

TRANSFIELD WORLEY POWER SERVICES VIC HESP ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 7 OCTOBER 2015

Application for approval of the Transfield Worley Power Services Vic HESP Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Worley Power Services Vic HESP Enterprise 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 Worley Power Services. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Mining and Energy Union 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Worley Power Services Pty Ltd sought approval for an enterprise agreement covering its employees under the Vic HESP Enterprise Agreement 2015-2018. The matter was heard in the Fair Work Commission, where the Commission was required to consider whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately addressed the rights of employees and complied with the procedural requirements of the Act.

The primary legal issues involved determining whether the agreement was genuinely negotiated, whether it contained appropriate terms and conditions for employees, and whether it was fairly presented to the employees for their consideration and vote. The Commission needed to assess if the process followed in reaching the agreement was fair and whether the agreement itself was in the best interests of the employees.

The Commission examined the negotiation process and found it to be genuine, with both parties engaging in meaningful discussions. The terms of the agreement were also scrutinised to ensure they were fair and did not adversely affect the employees. The Commission concluded that the agreement met all the necessary criteria for approval, including procedural fairness and the protection of employees' rights. The decision was based on the evidence provided, which demonstrated compliance with the statutory requirements.

The Fair Work Commission approved the Transfield Worley Power Services Vic HESP Enterprise Agreement 2015-2018, confirming its compliance with the Fair Work Act 2009. The Commission noted that the agreement was the result of genuine negotiations and contained appropriate terms and conditions for the employees. The decision was made in the best interests of the employees and the employer, and the agreement was deemed to be fair and reasonable.

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