Worley Power Services Pty Ltd
[2022] FWCA 1427
•28 APRIL 2022
| [2022] FWCA 1427 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Worley Power Services Pty Ltd
(AG2022/933)
Worley Power Services (“WPS”) AGL Maintenance Enterprise Agreement 2022
| Electrical power industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 28 APRIL 2022 |
Application for approval of the Worley Power Services (“WPS”) AGL Maintenance Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Worley Power Services (“WPS”) AGL Maintenance Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Worley Power Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.
There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the NERR provided to relevant employees, and the title of the Agreement filed with the Commission.[1] Having regard to the submissions of the Employer provided on 14 April 2022, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this issue.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[3]
Undertakings
The Employer has provided written undertakings dated 14 April 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020 and the Electrical Power Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Model flexibility term
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2022. The nominal expiry date of the Agreement is 30 January 2025.
DEPUTY PRESIDENT
Annexure A
[1] Noting the requirements of s.180(3) of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
[3] Ibid.
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