DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TW Power Services Pty Ltd
(AG2019/1318)

TW POWER SERVICES (“TWPS”) BAYSWATER AND LIDDELL POWER STATIONS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 20 MAY 2019

Application for approval of the TW Power Services (“TWPS”) Bayswater and Liddell Power Stations Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the TW Power Services (“TWPS”) Bayswater and Liddell Power Stations Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by TW Power Services Pty Ltd.

[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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 30 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, TW Power Services Pty Ltd, sought approval for the Bayswater and Liddell Power Stations Enterprise Agreement 2019. The respondent, United Voice NSW, representing the employees, opposed the application on several grounds. The matter was heard in the Fair Work Commission.

The central legal issues involved the fairness and compliance of the agreement with the Fair Work Act 2009. Specifically, the respondent argued that the agreement failed to meet the "better off overall test" and contained provisions that were contrary to public policy. The applicant countered that the agreement was fair and appropriate for the employees' conditions.

The Fair Work Commission found that the applicant had demonstrated the necessary consultation process was undertaken with the employees. The Commission considered the agreement's provisions and concluded that it met the requirements of the Act. The Commission held that the agreement was not unfair and did not contravene any public policy considerations. Consequently, the application was approved.

The Fair Work Commission approved the Bayswater and Liddell Power Stations Enterprise Agreement 2019. The Commission found that the applicant had fulfilled the requirements of the Act and that the agreement was fair and appropriate for the employees.

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