DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TW Power Services Pty Limited
(AG2020/1595)

TW POWER SERVICES COLLIE EMPLOYEE COLLECTIVE ENTERPRISE AGREEMENT 2020

Electrical power industry
COMMISSIONER HUNT	BRISBANE, 3 JULY 2020

Application for approval of the TW Power Services Collie Employee Collective Enterprise Agreement 2020.

[1] TW Power Services Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the TW Power Services Collie Employee Collective Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers known as the Australian Manufacturing Workers’ Union (the AMWU), the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and three employee bargaining representatives for the Agreement regarding the undertakings. I did not receive any correspondence from the bargaining representatives to my chambers about the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement. I also note that the Model Consultation Term found at Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AMWU, the CFMMEU and the CEPU 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) of the Act I note that the Agreement covers the AMWU, the CFMMEU and the CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

The matter before the court involved TW Power Services Pty Limited and the Australian Building and Construction Commission. The dispute centred around the application for approval of the TW Power Services Collie Employee Collective Enterprise Agreement 2020. The Fair Work Commission heard the application and was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it was appropriate for the agreement to be approved given the specific circumstances of the enterprise. The court needed to examine the terms of the agreement to ensure they adhered to the legislative requirements, particularly in relation to minimum entitlements and procedural fairness.

In its decision, the Fair Work Commission considered the provisions of the agreement and assessed them against the statutory requirements. The court determined that the agreement was largely compliant with the Act, noting certain minor issues that did not significantly detract from its overall fairness and compliance. The Commission was satisfied that the agreement was appropriate for approval, as it met the necessary criteria and did not unfairly disadvantage any party. The court approved the agreement, emphasising the importance of such agreements in maintaining fair and balanced industrial relations within the enterprise.

The final orders of the Commission included the approval of the TW Power Services Collie Employee Collective Enterprise Agreement 2020, with the specific terms and conditions as set out in the application. The Commission's decision highlighted the need for such agreements to be carefully examined to ensure they meet the legislative standards and serve the interests of all parties involved.

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