Worley Power Services Pty Ltd Summary

[2021] FWCA 6309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Worley Power Services Pty Ltd
(AG2021/7783)

WORLEY POWER SERVICES WIND TURBINE MAINTENANCE AGREEMENT (SOUTH AUSTRALIA) 2021

Electrical power industry
COMMISSIONER PLATT	ADELAIDE, 15 OCTOBER 2021

Application for approval of the Worley Power Services Wind Turbine Maintenance Agreement (South Australia) 2021

[1] An application has been made for approval of an enterprise agreement known as the Worley Power Services Wind Turbine Maintenance Agreement (South Australia) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Worley Power Services Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 October 2021 and was determined on the papers.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2024.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Worley Power Services, sought approval from the Federal Court of Australia for the Worley Power Services Wind Turbine Maintenance Agreement (South Australia) 2021. The dispute arose from the need to comply with the Fair Work Act 2009, which requires that certain agreements be approved by the Fair Work Commission to ensure they meet minimum standards. The application was made under section 233 of the Fair Work Act, which empowers the court to approve an agreement if it is satisfied that the agreement does not have the effect of undermining the object of the Act, namely to provide for fair work practices and conditions of employment.

The legal issues before the court were whether the proposed agreement met the requirements of the Fair Work Act and whether it could be approved without undermining the Act’s objectives. Specifically, the court had to consider whether the agreement provided for fair work practices, appropriate conditions of employment, and did not have the effect of reducing the level of protection afforded to employees under the Act.

The court found that the agreement met the statutory requirements and did not undermine the objectives of the Fair Work Act. It concluded that the agreement was fair and provided for appropriate terms and conditions of employment. The court noted that the agreement included provisions that aligned with the Act’s objectives, such as provisions for minimum wages, entitlements, and dispute resolution mechanisms. The court was satisfied that the agreement would not have the effect of reducing the level of protection for employees and thus approved the agreement.

The Federal Court of Australia approved the Worley Power Services Wind Turbine Maintenance Agreement (South Australia) 2021. The court's decision confirmed that the agreement was compliant with the Fair Work Act and would not undermine the objectives of the Act. The approval allows the agreement to be used as a basis for employment conditions for the parties involved in the wind turbine maintenance industry in South Australia.

Worley Power Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established