DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TW Power Services Pty Ltd
(AG2019/5168)

TW POWER SERVICES WIND TURBINE MAINTENANCE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the TW Power Services Wind Turbine Maintenance Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the TW Power Services Wind Turbine Maintenance 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 Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 February 2020 and, in accordance with s.54, will operate from 18 February 2020. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of TW Power Services Pty Ltd, the Federal Court was asked to approve the TW Power Services Wind Turbine Maintenance Agreement 2019. The applicant, TW Power Services, sought the court's approval of the agreement which involved the maintenance of wind turbines across various sites in Australia. The agreement was crucial for the ongoing operation and efficiency of the wind turbines, which are integral to the energy sector.

The legal issues before the court involved whether the proposed agreement complied with the relevant statutory provisions and whether it was in the best interest of the parties involved. Key considerations included whether the agreement provided fair terms to both TW Power Services and the turbine owners, and whether it adhered to industry standards and safety regulations.

The court carefully reviewed the terms of the agreement, considering the balance of benefits and obligations for both parties. It found that the agreement was comprehensive and fair, providing clear terms that were transparent and met the statutory requirements. The court also noted that the agreement included provisions for regular maintenance schedules, safety protocols, and compliance with environmental regulations, which were critical for the proper functioning and safety of the wind turbines.

Ultimately, the court approved the agreement, affirming that it was fair, reasonable, and in the best interest of all parties involved. The approval was based on the comprehensive nature of the agreement and its alignment with statutory and industry standards. The court's decision ensured that TW Power Services could proceed with maintaining the wind turbines, thereby supporting the renewable energy sector.

TW Power Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established