Transfield Worley Power Services Pty Ltd

[2013] FWCA 5643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transfield Worley Power Services Pty Ltd
(AG2013/2253)

TRANSFIELD WORLEY POWER SERVICES BLUEWATERS COLLECTIVE AGREEMENT 1 JULY 2012

Electrical power industry
COMMISSIONER WILLIAMS	PERTH, 14 AUGUST 2013

Application for approval of the Transfield Worley Power Services Bluewaters Collective Agreement 1 July 2012.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Worley Power Services Bluewaters Collective Agreement 1 July 2012 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Transfield Worley Power Services Pty Ltd applied for approval of the Transfield Worley Power Services Bluewaters Collective Agreement effective from 1 July 2012. The application arose from negotiations between the applicant and the employees' representative, the Maritime Union of Australia. The dispute centred on the terms and conditions of employment, wages, and other workplace matters as outlined in the proposed agreement.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, particularly sections concerning the good faith bargaining process and the terms and conditions of employment. Additionally, the Commission had to consider whether the agreement met the statutory requirements for approval, such as not providing for terms and conditions that were less favourable than the applicable award or the national employment standards.

The Commission examined the evidence and submissions from both parties and found that the agreement was the product of genuine good faith bargaining and did not include any terms that were less favourable than the relevant award or the national employment standards. The Commission also noted that the agreement provided for a reasonable balance of rights and obligations between the parties and was in the best interests of the employees. Therefore, the Commission approved the application, and the Transfield Worley Power Services Bluewaters Collective Agreement was registered on the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established