Worley Power Services Pty Ltd

[2022] FWCA 1575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Worley Power Services Pty Ltd

(AG2022/1236)

Worley Power Services AGL Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 12 MAY 2022

Application for approval of the Worley Power Services AGL Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 2022.

Worley Power Services Pty Ltd has applied for approval of a single enterprise agreement known as the Worley Power Services AGL Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 2022 (the Agreement).

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.

The Agreement is approved and will operate from 19 May 2022. The nominal expiry date of the Agreement is 31 March 2025.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Worley Power Services Pty Ltd was the subject of an application for approval of an enterprise agreement. The dispute arose between the company and the Australian Manufacturing Workers' Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) concerning the proposed enterprise agreement for the AGL Loy Yang Station Mechanical workers. The case was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it met the genuine bargaining test, was in the best interests of the employees, and did not have an adverse effect on employees not covered by the agreement.

The Commission found that the agreement had been genuinely bargained and was in the best interests of the employees. It was noted that the parties had engaged in extensive negotiations and the agreement reflected a fair compromise between the parties. The Commission also concluded that the agreement did not have an adverse effect on employees not covered by the agreement. The Commission approved the agreement, finding that it met all the necessary legal requirements and would benefit the employees involved.

Consequently, the Commission ordered the approval of the Worley Power Services AGL Loy Yang Station Mechanical (AMWU & CFMEU) Enterprise Agreement 2022. This decision provided certainty to the parties involved and established a clear framework for the employment conditions of the AGL Loy Yang Station Mechanical workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established