TW Power Services Summary

[2016] FWCA 2547

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

TW Power Services

(AG2016/694)

TW POWER SERVICES AGL LOY YANG MINE, MECHANICAL

(AMWU & CFMEU) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER GREGORY

MELBOURNE, 21 APRIL 2016

Application for approval of the TW Power Services AGL Loy Yang Mine, Mechanical

(AMWU & CFMEU) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

TW Power Services AGL Loy Yang Mine, Mechanical (AMWU & CFMEU) Enterprise

Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair

Work Act 2009 (the Act). It has been made by TW Power Services. The Agreement is a single

enterprise agreement.

[2] 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] The Australian Manufacturing Workers’ Union and the Construction, Forestry, Mining

and Energy Union being the 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) I note that the Agreement covers these organisations.
[2016] FWCA 2547

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

28 April 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between TW Power Services and the Australian Manufacturing Workers’ Union and the Construction, Forestry, Mining and Energy Union, collectively referred to as the AMWU & CFMEU. The agreement in question is the TW Power Services AGL Loy Yang Mine, Mechanical (AMWU & CFMEU) Enterprise Agreement 2016. The application was submitted under section 185 of the Fair Work Act 2009. The applicant, TW Power Services, sought the approval of the Fair Work Commission.

The legal issues before the court included whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act, and whether the agreement appropriately covered the unions involved as per section 201(2) of the Act. Additionally, the court needed to determine if the agreement was made in good faith and without coercion, as mandated by the Fair Work Act.

The Commissioner found that all the relevant sections of the Fair Work Act had been satisfied. The unions, AMWU and CFMEU, had notified their intention to be covered by the agreement under section 183 of the Act, and this was confirmed under section 201(2). The Commissioner concluded that the agreement was made in good faith and without coercion. Consequently, the Agreement was approved and it will operate from 28 April 2016, with a nominal expiry date of 31 March 2019.

TW Power Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established