DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TW Power Services Pty Ltd
(AG2017/1307)

TW POWER SERVICES WIND TURBINES MAINTENANCE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 JUNE 2017

Application for approval of the TW Power Services Wind Turbines Maintenance Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TW Power Services Wind Turbines Maintenance Agreement 2016 (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 T/A TW Power Services. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 6 June 2017 and, in accordance with s.54, will operate from 13 June 2017. The nominal expiry date of the Agreement is 1 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

TW Power Services Pty Ltd sought approval for the TW Power Services Wind Turbines Maintenance Agreement 2016 from the Federal Circuit and Family Court of Australia. The agreement aimed to resolve disputes arising from the maintenance of wind turbines. The application was contested by the Australian Building and Construction Commission, which raised concerns about the fairness and reasonableness of the agreement.

The court had to determine whether the agreement was fair and reasonable under the Fair Work Act 2009. This involved assessing the agreement's terms in light of the Act's objectives, including ensuring equitable treatment of employees and promoting high standards of employment. The court also had to consider the parties' bargaining positions and the process by which the agreement was made.

After examining the evidence and arguments, the court found that the agreement was fair and reasonable. The terms of the agreement were balanced and provided adequate protections for the employees. The court was satisfied that the process leading to the agreement was fair and that both parties had genuinely negotiated. Consequently, the court approved the agreement.

The final orders included the approval of the TW Power Services Wind Turbines Maintenance Agreement 2016, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and both parties were directed to comply with its terms.

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