DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TW Power Services Pty Limited
(AG2019/1993)

TW POWER SERVICES AGL LOY YANG STATION - ELECTRICAL (ETU) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2019

Application for approval of the TW Power Services AGL Loy Yang Station - Electrical (ETU) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the TW Power Services AGL Loy Yang Station - Electrical (ETU) 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 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

TW Power Services Pty Limited recently appeared before the Fair Work Commission to seek approval of the TW Power Services AGL Loy Yang Station - Electrical (ETU) Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for electrical workers at the AGL Loy Yang Station. The applicant argued that the proposed agreement was fair and reasonable, while the respondent, representing the workers, contended that certain provisions were not adequately addressing their needs.

The key legal issues before the Commission were whether the agreement was procedurally fair, as per section 233 of the Fair Work Act 2009, and whether it contained terms that were fair and reasonable, in accordance with section 234. The Commission needed to assess whether the agreement met the statutory requirements and if it provided a fair balance of rights and obligations between the parties.

The Commission examined the process through which the agreement was negotiated and the content of the agreement itself. It considered the evidence provided by both parties, including the processes followed in the negotiations and the provisions of the agreement. The Commission concluded that the agreement was procedurally fair and contained terms that were fair and reasonable. It found that the agreement provided for appropriate pay rates, conditions of employment, and dispute resolution mechanisms that balanced the interests of both employers and employees.

In light of the findings, the Fair Work Commission approved the TW Power Services AGL Loy Yang Station - Electrical (ETU) Enterprise Agreement 2019. The approval signifies that the agreement will now serve as the governing document for the employment conditions of electrical workers at the AGL Loy Yang Station.

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