DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TW Power Services Pty Limited
(AG2019/2242)

TW POWER SERVICES AGL LOY YANG MINE MECHANICAL (AMWU & CFMEU) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 15 AUGUST 2019

Application for approval of the TW Power Services AGL Loy Yang Mine Mechanical (AMWU & CFMEU) Enterprise Agreement 2019.

[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 2019 (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 Pty Limited. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union being 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 the organisations.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 10 – Notice of Termination

• Clause 23.1 – Public Holidays

• Clause 23.9 – Sick/ Personal Leave

However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TW Power Services Pty Limited sought approval of an enterprise agreement from the Fair Work Commission. The proposed agreement, the TW Power Services AGL Loy Yang Mine Mechanical (AMWU & CFMEU) Enterprise Agreement 2019, was to govern the employment terms and conditions of certain employees in the mechanical division of the Loy Yang Mine, an Australian coal-fired power station. The application was brought before the Commission to determine whether the agreement met the necessary criteria for approval, including fairness, simplification, and improvement of workplace relations.

The primary legal issues the Commission had to address were whether the agreement met the requirements set forth in the Fair Work Act 2009, specifically regarding its fairness and its potential impact on the employees it was intended to cover. The Commission needed to consider whether the agreement was free from coercion and undue influence, whether it included adequate terms for pay and conditions, and whether it provided for proper dispute resolution mechanisms. Additionally, the Commission needed to assess the agreement's alignment with the principles of industrial fairness and its overall impact on workplace relations.

In examining the application, the Fair Work Commission found that the proposed agreement satisfied the necessary criteria for approval. The Commission determined that the agreement was free from coercion and undue influence, contained adequate terms for pay and conditions, and included appropriate dispute resolution mechanisms. The Commission also found that the agreement aligned with the principles of industrial fairness and would improve workplace relations by simplifying the existing terms of employment and providing clearer guidelines for both the employer and employees. Based on these findings, the Commission approved the TW Power Services AGL Loy Yang Mine Mechanical (AMWU & CFMEU) Enterprise Agreement 2019, effective from the date of the Commission's decision.

TW Power Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established