Worley Power Services Pty Ltd

[2025] FWCA 2904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Worley Power Services Pty Ltd

(AG2025/2788)

WORLEY POWER SERVICES COLLIE BATTERY ENERGY STORAGE ENTERPRISE AGREEMENT 2025

Electrical power industry
COMMISSIONER SCHNEIDER	PERTH, 28 AUGUST 2025

Application for approval of the Worley Power Services Collie Battery Energy Storage Enterprise Agreement 2025

Worley Power Services Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Worley Power Services Collie Battery Energy Storage Enterprise Agreement 2025 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act) and is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

Clause 1.7 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it.

In accordance with section 201(2) of the Act, and based on the declaration provided, I confirm that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 September 2025. The nominal expiry date of the Agreement is 4 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Worley Power Services Pty Ltd for the approval of the Worley Power Services Collie Battery Energy Storage Enterprise Agreement 2025. The applicant sought to have the agreement registered under the Fair Work Act 2009, with a focus on the terms and conditions it would offer to its employees. The primary issue in this case was whether the agreement met the statutory requirements for approval, particularly in relation to the fairness and balance of the terms it proposed.

The legal issues the court had to determine included whether the agreement was genuinely negotiated and if it contained the minimum terms and conditions as required by the Fair Work Act. The court also needed to consider whether the agreement was in the best interests of the employees and if it provided a fair and balanced outcome. Additionally, the court had to ensure that the agreement complied with the statutory requirements for approval, including the need for a majority vote in favour of the agreement by eligible employees.

The Fair Work Commission, in its decision, found that the agreement was genuinely negotiated and contained the minimum terms and conditions required by law. The court was satisfied that the agreement was in the best interests of the employees, as it provided a fair and balanced outcome that met the statutory requirements. The Commission noted that the agreement had been voted in favour by a majority of eligible employees, thereby satisfying the statutory criteria for approval. As a result, the Commission approved the agreement and ordered that it be registered under the Fair Work Act 2009. This decision ensures that the terms and conditions outlined in the agreement are legally enforceable and provides certainty for both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established