DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TW Power Services Pty Limited
(AG2019/1991)

TW POWER SERVICES AGL LOY YANG MINE - ELECTRICAL (CEPU) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2019

Application for approval of the TW Power Services AGL Loy Yang Mine - Electrical (CEPU) 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 - Electrical (CEPU) 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) 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 5 July 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

TW Power Services Pty Limited applied to the Fair Work Commission for approval of the TW Power Services AGL Loy Yang Mine - Electrical (CEPU) Enterprise Agreement 2019. The applicants sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The application involved a dispute between the applicants and the Electrical Trades Union of Australia (ETUA), the union representing some of the employees of TW Power Services.

The central legal issue before the commission was whether the agreement had been made in accordance with the requirements of the Fair Work Act. Specifically, the ETUA contested the validity of the agreement on the basis that it had not been properly authorised by the employees. The ETUA argued that the process used to obtain employee authorisation did not comply with the Act. The applicants, however, maintained that the process was valid and that the agreement reflected the genuine preferences of the employees.

The commission examined the process by which the employees authorised the agreement. It considered the evidence presented regarding the methods used to inform employees about the agreement and to obtain their consent. After reviewing the evidence, the commission found that the process was fair and transparent and that it adequately ensured that the employees had a genuine opportunity to consider and vote on the agreement. The commission was satisfied that the agreement had been made in accordance with the requirements of the Fair Work Act and approved the application for registration.

The Fair Work Commission approved the application for registration of the TW Power Services AGL Loy Yang Mine - Electrical (CEPU) Enterprise Agreement 2019 as a registered agreement under the Fair Work Act 2009. The commission found that the process used to obtain employee authorisation was valid and that the agreement reflected the genuine preferences of the employees. The agreement was registered, and it will now serve as the governing industrial instrument for the employees covered by the agreement.

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