Worley Power Services Pty Ltd

[2022] FWCA 1576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Worley Power Services Pty Ltd

(AG2022/1237)

Worley Power Services AGL Loy Yang Station –Electrical (ETU) Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 12 MAY 2022

Application for approval of the Worley Power Services AGL Loy Yang Station – Electrical (ETU) 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 – Electrical (ETU) 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Worley Power Services Pty Ltd, the Fair Work Commission was tasked with approving the Worley Power Services AGL Loy Yang Station – Electrical (ETU) Enterprise Agreement 2022. The agreement was proposed between the employer and the Electrical Trade Union (ETU), representing the employees. The nature of the dispute involved the terms and conditions of employment, which were to be set out in the enterprise agreement.

The legal issues before the Commission revolved around whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections concerning procedural fairness, the 'better off overall test', and whether the agreement contained provisions that were contrary to public policy. The Commission also needed to consider whether the agreement was in the best interests of the employees, particularly in relation to their remuneration and working conditions.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the proposed enterprise agreement was fair and met the necessary legal standards. The Commission was satisfied that the agreement was procedurally fair, passed the 'better off overall test', and did not contain any provisions that were contrary to public policy. As a result, the Commission approved the agreement, acknowledging the need to balance the interests of both the employer and the employees.

The final orders included the approval of the Worley Power Services AGL Loy Yang Station – Electrical (ETU) Enterprise Agreement 2022, effective from the date of the decision. This decision provided clarity and certainty for the employer and the employees regarding their employment terms and conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established