DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TW Power Services Pty Ltd T/A TW Power Services
(AG2018/7388)

TW POWER SERVICES VIC HESP ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 5 APRIL 2019

Application for approval of the TW Power Services Vic HESP Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the TW Power Services Vic HESP Enterprise Agreement 2018-2021 (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] 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Maritime, 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 lodged contained an error at page 11. On 5 April 2019 the Applicant filed an amended page 11 to the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, TW Power Services Pty Ltd trading as TW Power Services, applied for the approval of the TW Power Services Vic HESP Enterprise Agreement 2018-2021. The dispute centred on the terms and conditions of employment for the employees covered by the proposed agreement. The Commission was tasked with ensuring that the agreement complied with the relevant provisions of the Fair Work Act 2009. Key issues included whether the agreement adequately covered the employees' rights and obligations, and whether it met the requirements for simplification, clarity, and avoidance of unnecessary complexity.

The applicant argued that the agreement was fair and reasonable, having been negotiated in good faith between the employer and the employees' representatives. They submitted that the agreement met the standards for simplification, clarity, and avoidance of unnecessary complexity as required by the Act. The applicant also emphasised that the agreement provided for appropriate protections for employees, including provisions for minimum wages, penalties, and other conditions of employment. On the other hand, the Commission had to consider whether the agreement complied with the legal standards for approval, including ensuring that it did not undermine the protection of employees' rights and did not contain any provisions that were contrary to public policy.

After reviewing the submissions and evidence provided by both parties, the Commission found that the agreement complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement had been negotiated in good faith and that it met the standards for simplification, clarity, and avoidance of unnecessary complexity. The Commission also found that the agreement provided for appropriate protections for employees and did not contain any provisions that were contrary to public policy. Consequently, the Commission approved the TW Power Services Vic HESP Enterprise Agreement 2018-2021. The approval ensures that the agreement will govern the terms and conditions of employment for the employees covered by the agreement for the specified period.

TW Power Services Pty Ltd T/A TW Power Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established