TW Power Services Pty Limited T/A TW Power Services

[2018] FWCA 1114

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

TW Power Services Pty Limited T/A TW Power Services

(AG2017/5306)

TW Power Services Collie Employee Collective Enterprise Agreement 2017

Electrical contracting industry
Deputy President Gostencnik	PERTH, 21 FEBRUARY 2018

Application for approval of the TW Power Services Collie Employee Collective Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the TW Power Services Collie Employee Collective Enterprise Agreement 2017 (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 T/A TW Power Services. The agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 21 February 2018 and, in accordance with s.54, will operate from 28 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, TW Power Services Pty Limited, trading as TW Power Services, applied for approval of the TW Power Services Collie Employee Collective Enterprise Agreement 2017. The applicant sought to have the enterprise agreement approved under the Fair Work Act 2009, as it had been registered with the Fair Work Ombudsman. The application arose because the enterprise agreement had been entered into under the auspices of the Australian Building and Construction Commission, which had since ceased to operate.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement complied with the provisions concerning the proper process for making an enterprise agreement and whether it included all the mandated terms and conditions. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided for the fair and reasonable resolution of workplace disputes.

The Fair Work Commission found that the enterprise agreement was made in accordance with the Fair Work Act and that it contained all the required terms and conditions. The Commission noted that the agreement had been entered into by the employer and the employees' representatives in good faith and that it had been registered with the Fair Work Ombudsman. Furthermore, the Commission determined that the agreement was in the best interests of the employees, providing them with fair and reasonable terms and conditions of employment. As a result, the Commission approved the enterprise agreement, recognising it as a valid and enforceable instrument under the Fair Work Act.

The Fair Work Commission approved the TW Power Services Collie Employee Collective Enterprise Agreement 2017, affirming its validity and enforceability under the Fair Work Act. The Commission found that the agreement was made in accordance with the statutory requirements and contained all the mandated terms and conditions. The Commission also determined that the agreement was in the best interests of the employees and provided for the fair and reasonable resolution of workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established