Worley Power Services Pty Ltd T/A Worley Power Services Summary

[2023] FWCA 2333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Worley Power Services Pty Ltd T/A Worley Power Services

(AG2023/2362)

WORLEY POWER SERVICES COLLIE EMPLOYEE COLLECTIVE ENTERPRISE AGREEMENT 2023

Electrical power industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 28 JULY 2023

Application for approval of the Worley Power Services Collie Employee Collective Enterprise Agreement 2023

Worley Power Services Pty Ltd T/A Worley Power Services (the Applicant) has made an application for the approval of an enterprise agreement known as the Worley Power Services Collie Employee Collective Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers' Union (AMWU), the Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 28 July 2023 and, in accordance with s 54, will operate from 4 August 2023. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Worley Power Services Collie Employee Collective Enterprise Agreement 2023. The application was brought by Worley Power Services Pty Ltd, trading as Worley Power Services. The nature of the dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to decide involved whether the agreement provided for the appropriate terms and conditions, including minimum rates of pay, leave entitlements, and other benefits for employees. Additionally, the Commission had to assess whether the agreement complied with the procedural requirements, such as proper consultation and the provision of necessary information to employees. The fairness of the agreement in terms of its impact on employees, including potential detriments, was also a significant consideration.

In reaching its decision, the Commission examined the submissions and evidence presented by both parties. It considered the compliance of the agreement with the statutory framework and the procedural fairness in its creation. The Commission noted the provisions of the agreement, including wages, leave, and other employment terms, and assessed whether these were reasonable in the circumstances. Ultimately, the Commission was satisfied that the agreement met the necessary requirements for approval, finding that it was fair and compliant with the relevant legislation. The Commission approved the agreement, thereby resolving the dispute in favour of the applicant.

Worley Power Services Pty Ltd T/A Worley Power Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established