Transfield Worley Power Services Pty Ltd

[2013] FWCA 4687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Worley Power Services Pty Ltd
(AG2013/1853)

TRANSFIELD WORLEY POWER SERVICES PTY LTD VIC HESP ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 JULY 2013

Application for approval of the Transfield Worley Power Services Pty Ltd Vic HESP Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Worley Power Services Pty Ltd Vic HESP Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Transfield Worley Power Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry, Mining and Energy Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the CEPU and CFMEU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 22 July 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Worley Power Services Pty Ltd applied for the approval of the Transfield Worley Power Services Pty Ltd Vic HESP Enterprise Agreement 2012-2015 under the Fair Work Act 2009. The applicant and the respondents, represented by the Construction, Forestry, Mining and Energy Union (CFMU) and the United Workers Union (UWU), had entered into an agreement detailing terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act, including the "better off overall test" (BOOT), ensuring that employees were no worse off and had some benefit from the agreement compared to the applicable award.

The legal issues centred on whether the agreement satisfied the BOOT and other statutory requirements, including provisions on minimum rates of pay, penalty rates, and overtime. The Commission considered whether the agreement provided for adequate protections and benefits for employees, and if it complied with the procedural requirements set out in the Fair Work Act. The focus was on whether the agreement was likely to have a positive impact on the financial and non-financial conditions of the employees and whether any detriments were outweighed by the benefits.

The Fair Work Commission found that the agreement met the BOOT, as employees would be better off overall financially and in terms of some non-financial conditions. The Commission determined that the agreement provided sufficient protections and benefits, and it complied with the procedural requirements of the Act. The Commission approved the agreement, noting that the evidence presented supported the conclusion that the agreement was fair and reasonable for the employees covered by it.

The Commission issued an order approving the Transfield Worley Power Services Pty Ltd Vic HESP Enterprise Agreement 2012-2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it. This approval ensures that the terms and conditions outlined in the agreement are legally enforceable and provide a fair framework for employment within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established