TW Power Services Pty Limited

[2019] FWCA 5671

[2019] FWCA 5671

FAIR WORK COMMISSION

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

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