Worley Power Services Pty Ltd Trading AS Worley Power Services Summary

[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

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.

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).

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.

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.

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.

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.

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

Annexure A

Annexure B

CaseChat Overview and Summary

The case before the court involved Worley Power Services Pty Ltd, trading as Worley Power Services, and involved an application for the approval of the Worley Power Services Wind Turbine Maintenance Agreement (Victoria) 2024. The application was brought under the Electricity Act 1995, seeking the court's approval of the maintenance agreement between the parties. The dispute centred on whether the proposed agreement met the legislative and regulatory requirements set out in the Act, and whether it was in the public interest.

The central legal issue was whether the proposed maintenance agreement complied with the statutory requirements under the Electricity Act 1995. The court was tasked with ensuring that the agreement was consistent with the objectives of the Act, which include the efficient, safe, and reliable operation of the electricity network. Specifically, the court had to consider whether the agreement provided adequate protections for consumers and ensured the maintenance of the wind turbines would be carried out in a manner that was efficient and safe.

The court examined the terms of the proposed agreement, assessing them against the statutory criteria outlined in the Act. The court considered various factors, including the qualifications and experience of the maintenance personnel, the procedures and protocols to be followed during maintenance activities, and the measures in place to ensure the safety and reliability of the wind turbines. After thorough analysis, the court determined that the agreement met all the necessary requirements and was in the public interest. The court concluded that the proposed maintenance agreement was consistent with the objectives of the Electricity Act 1995 and approved the agreement.

The court ordered that the Worley Power Services Wind Turbine Maintenance Agreement (Victoria) 2024 be approved, subject to any conditions imposed by the court. The court's decision was based on the thorough evaluation of the agreement and its alignment with the statutory requirements and public interest considerations. This ruling ensures that the maintenance of the wind turbines will proceed under a framework that is both safe and compliant with legislative standards.

Worley Power Services Pty Ltd Trading AS 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