Transfield Worley Power Services Pty Ltd

[2014] FWCA 8172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Worley Power Services Pty Ltd
(AG2014/7883)

TRANSFIELD WORLEY POWER SERVICES MUJA WASTE WATER TREATMENT PLANT EMPLOYEE COLLECTIVE AGREEMENT 2014

Water, sewerage and drainage services
COMMISSIONER BISSETT	MELBOURNE, 17 NOVEMBER 2014

Application for approval of the Transfield Worley Power Services Muja Waste Water Treatment Plant Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Worley Power Services Muja Waste Water Treatment Plant Employee Collective Agreement 2014 (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 Pty Ltd. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 24 November 2014. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Transfield Worley Power Services Pty Ltd, who sought approval of the Muja Waste Water Treatment Plant Employee Collective Agreement 2014. The application was heard in the Fair Work Commission. The agreement, which was to govern employment conditions for certain employees, required the Commission's approval to be legally binding.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically if it complied with the good faith bargaining provisions, and if it was in the best interests of the employees. Additionally, the Commission considered whether the agreement appropriately balanced the rights and obligations of the employer and employees.

The Fair Work Commission found that the agreement was the result of good faith bargaining and contained provisions that were fair and reasonable. The Commission emphasised the importance of balancing the rights of both parties and concluded that the agreement met the necessary criteria. It also found that the agreement was in the best interests of the employees, taking into account their needs and the industry context. Consequently, the Commission approved the agreement, allowing it to become legally binding.

The Fair Work Commission approved the Transfield Worley Power Services Muja Waste Water Treatment Plant Employee Collective Agreement 2014, making it legally binding for the parties involved. The decision was based on the Commission's finding that the agreement was a product of good faith bargaining and was fair and reasonable, adequately balancing the rights and obligations of both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established