Worley Power Services T/A Worley Power Services Pty Ltd
[2023] FWCA 2206
•17 JULY 2023
| [2023] FWCA 2206 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Worley Power Services T/A Worley Power Services Pty Ltd
(AG2023/2122)
WORLEY POWER SERVICES (“WPS”) AGL OPERATIONS ENTERPRISE AGREEMENT 2023
| Electrical power industry | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 17 JULY 2023 |
Application for approval of the Worley Power Services (“WPS”) AGL Operations Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Worley Power Services (“WPS”) AGL Operations Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Worley Power Services T/A Worley Power Services Pty Ltd. The Agreement is a single enterprise agreement.
I was concerned that the following provisions of the Agreement may be read so as to operate in a manner inconsistent with the National Employment Standards (NES):
clause 31 setting out entitlements relating to when an employee can take compassionate leave, and
clause 2.2.1(d) setting out circumstances where an employer may deduct from money due to the employee under the NES upon termination.
In response the Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. A copy of the undertakings were provided to all bargaining representatives. No objection was raised. 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of 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 Construction, Forestry, Maritime, Mining & Energy Union – Northern Mining & NSW Energy District, 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.
The Agreement was approved on 17 July 2023 and, in accordance with s.54, will operate from 24 July 2023. The nominal expiry date of the Agreement at clause 1.5 is 30 January 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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