DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Transfield Worley Power Services Pty Limited
(AG2015/7229)

TRANSFIELD WORLEY POWER SERVICES BAYSWATER AND LIDDELL POWER STATIONS ENTERPRISE AGREEMENT 2015

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 13 JANUARY 2016

Application for approval of the Transfield Worley Power Services Bayswater and Liddell Power Stations Enterprise Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Transfield Worley Power Services Bayswater and Liddell Power Stations Enterprise Agreement 2015 (Agreement). The application was made by Transfield Worley Power Services Pty Limited (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2016. The nominal expiry date of the Agreement is 30 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

Transfield Worley Power Services Pty Limited sought approval for the Transfield Worley Power Services Bayswater and Liddell Power Stations Enterprise Agreement 2015 from the Fair Work Commission. The application was made to ensure that the proposed agreement complied with the requirements of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the workers at the Bayswater and Liddell Power Stations, and the specific provisions within the proposed enterprise agreement that needed to be assessed for compliance.

The legal issues before the court encompassed whether the agreement met the statutory criteria for approval under the Fair Work Act, including whether the agreement was "better off overall" for the employees, and whether it contained provisions that were unfair or discriminatory. Additionally, the court had to determine if the agreement adequately covered all necessary aspects of employment, such as wages, hours of work, and other conditions of employment, and if it provided sufficient protections for employee rights.

The court examined the terms of the proposed agreement in detail, considering the submissions from both the applicant and the relevant unions. It found that the agreement provided a fair and reasonable framework for employment conditions, meeting the statutory criteria for approval. The court concluded that the agreement was better off overall for the employees and did not contain any unfair or discriminatory provisions. The court approved the agreement, noting the importance of the agreement in providing a stable and fair working environment for the employees of the Bayswater and Liddell Power Stations.

The final orders included the approval of the Transfield Worley Power Services Bayswater and Liddell Power Stations Enterprise Agreement 2015, subject to the terms and conditions specified in the court's decision. This approval ensured that the agreement would be binding on all employees covered by it, effective from the date of the decision.

Transfield Worley Power Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established