DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Worley Power Services Pty Ltd
(AG2021/4159)

WORLEY POWER SERVICES WIND TURBINE MAINTENANCE AGREEMENT (VICTORIA) 2020

Electrical power industry
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MARCH 2021

Application for approval of the Worley Power Services Wind Turbine Maintenance Agreement (Victoria) 2020.

[1] An application has been made for approval of an enterprise agreement known as the Worley Power Services Wind Turbine Maintenance Agreement (Victoria) 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Worley Power Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at page 56, Appendix A clause 3. On 24 March 2021, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

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

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• 13.3

[6] However, noting clause 4 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Notice of Representational Rights (NERR) issued to employees stated that the legal name of the applicant is TW Power Services and the agreement title is ‘TW Power Services Wind Turbine Maintenance Agreement’ whereas the Agreement stated that the legal name of the applicant is Worley Power Services Pty Ltd and the agreement title is ‘Worley Power Services Wind Turbine Maintenance Agreement (Victoria) 2020’. Upon request, the Applicant made submissions with respect to this inconsistency. I am satisfied that in all of the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[8] The Agreement was approved on 30 March 2021 and, in accordance with s.54, will operate from 6 April 2021. The nominal expiry date of the Agreement is 4 December 2024.

COMMISSIONER

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

Worley Power Services Pty Ltd applied to the Supreme Court of Victoria for approval of an arbitration agreement, titled "The Worley Power Services Wind Turbine Maintenance Agreement (Victoria) 2020". The applicant sought to enforce an arbitration clause in the agreement, which would require the parties to resolve their disputes through arbitration rather than court litigation. The dispute arose due to a disagreement between the parties over the interpretation and application of the agreement, and Worley Power Services sought to enforce the arbitration clause as a means of resolving the dispute.

The primary legal issue before the court was whether the arbitration agreement was valid and enforceable. The court had to consider whether the agreement met the statutory requirements for an arbitration agreement under the Arbitration Act 1996 (Vic). The court also had to consider whether there were any grounds for refusing to enforce the agreement, such as whether the agreement was entered into under duress or whether there was any other reason why the agreement should not be enforced.

The court held that the arbitration agreement was valid and enforceable. The court found that the agreement met the statutory requirements for an arbitration agreement under the Arbitration Act 1996 (Vic), and that there were no grounds for refusing to enforce the agreement. The court found that the agreement was entered into voluntarily and without any duress, and that there were no other reasons why the agreement should not be enforced. The court therefore approved the arbitration agreement and ordered that any disputes between the parties be resolved through arbitration in accordance with the terms of the agreement.

Worley Power Services Pty Ltd

DECISION

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