DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TW Power Services
(AG2016/695)

TW POWER SERVICES AGL LOY YANG STATION 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 Station 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 Station 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.

[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 matter before the Fair Work Commission involved an application for approval of a new enterprise agreement between TW Power Services and the Australian Workers' Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement in question was the TW Power Services AGL Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 2016, which was proposed to replace the existing agreement that had expired. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues the court had to resolve included whether the agreement was genuinely a product of bargaining, whether it complied with the Fair Work Act, and whether it contained all the required terms and conditions as stipulated by the legislation. In addition, the court needed to assess if the agreement met the "better off overall test" as it pertained to the employees' entitlements and protections.

In its decision, the Fair Work Commission examined the process through which the agreement was negotiated and concluded that it was genuinely the product of free collective bargaining. The court found that the agreement was consistent with the Fair Work Act and met all the legislative requirements, including the "better off overall test." The Commission took into account the submissions from both parties and the evidence provided, which demonstrated that the proposed agreement improved the employees' terms and conditions compared to the expired agreement. Consequently, the Commission approved the agreement, noting that it would enhance the employees' overall situation and ensure fair and equitable treatment.

TW Power Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established