Worley Power Services Pty Ltd Trading AS Worley Power Services

[2025] FWCA 1104

[2025] FWCA 1104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Worley Power Services Pty Ltd Trading AS Worley Power Services

(AG2025/638)

WORLEY POWER SERVICES WIND TURBINE MAINTENANCE AGREEMENT (VICTORIA) 2024

Electrical power industry
COMMISSIONER PERICA	MELBOURNE, 1 APRIL 2025

Application for approval of the Worley Power Services Wind Turbine Maintenance Agreement (Victoria) 2024

1. An application has been made for approval of an enterprise agreement known as the Worley Power Services Wind Turbine Maintenance Agreement (Victoria) 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. One pre-approval requirement has not been met in relation to the NERR, which contains a typographical error referencing “Grade 6 Technical Officer” which should instead refer to “Grade 6 Advanced Technician”. After hearing submissions from the parties on this issue, I consider this oversight is a minor error which did not disadvantage employees and may be disregarded pursuant to s 188(5).

1. The Agreement incorporates the delegates’ rights term in the Electrical Power Industry Award 2020. Clause 4 of the Agreement incorporates the Award including the Award delegates’ rights term. The Agreement therefore meets the requirement under s 205A. A copy of cl 26A (the Award delegates’s rights term) is attached to this decision as Annexure A.

1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure B. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved today 1 April 2025. It will operate from 8 April 2025 as required by section 54 of the Act. The nominal expiry date is 3 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528525  PR785726>

Annexure A

Annexure B