DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TW Power Services
(AG2016/674)

TW POWER SERVICES AGL LOY YANG MINE - ELECTRICAL (ETU) ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 21 APRIL 2016

Application for approval of the TW Power Services AGL Loy Yang Mine - Electrical (ETU) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TW Power Services AGL Loy Yang Mine - Electrical (ETU) Enterprise 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. 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 being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved TW Power Services and its employees, specifically those covered by the Electrical Trade Union. The dispute centred on the approval of the Enterprise Agreement (EA) for the AGL Loy Yang Mine - Electrical (ETU) in 2016. The Commission was tasked with determining whether the EA complied with the relevant provisions of the Fair Work Act 2009. The key issues included whether the EA was genuinely agreed upon by the parties, whether it met the good faith bargaining requirements, and whether it contained appropriate provisions for employee rights and protections.

The court examined the procedural fairness of the bargaining process and whether the EA contained appropriate terms and conditions for the employees. The Commission also assessed whether the EA provided for minimum entitlements as stipulated under the Fair Work Act. The court reviewed submissions from both parties and considered relevant precedents and statutory requirements. The decision was influenced by the necessity to ensure that the EA did not disadvantage employees and that it was the product of genuine and fair negotiations. After thorough consideration, the court found that the EA was genuinely agreed upon, met the good faith requirements, and contained appropriate terms for the employees.

Consequently, the Fair Work Commission approved the application for the ETU EA 2016, deeming it to be in compliance with the Fair Work Act. The approval of the EA ensures that the employees covered by the agreement are entitled to the terms and conditions set out in the document, provided they align with the statutory minimum standards. The final orders of the Commission confirmed the approval of the EA, allowing it to take effect as per the stipulated date.

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