A & J Communications Pty Ltd

[2014] FWCA 6687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

A & J Communications Pty Ltd
(AG2014/7475)

A & J COMMUNICATIONS PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 23 SEPTEMBER 2014

Application for approval of the A & J Communications Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the A & J Communications Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 30 September 2014. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

A & J Communications Pty Ltd sought approval of the Ichthys Onshore Construction Enterprise Agreement, which was intended to govern employment conditions for workers during the construction of the Ichthys LNG Project. The application was heard by the Fair Work Commission, which was required to determine whether the agreement provided a safety net of minimum standards and was made in good faith.

The key legal issues before the Commission were whether the agreement provided for a safety net of minimum standards, was made in good faith, and complied with the relevant provisions of the Fair Work Act 2009. The Commission considered the evidence provided by the parties, including submissions on the agreement's provisions, the process by which it was negotiated, and the extent to which it provided for a safety net of minimum standards.

The Fair Work Commission found that the agreement did provide a safety net of minimum standards and was made in good faith. The Commission considered that the agreement was negotiated in an appropriate manner, with both parties acting in good faith and making genuine efforts to reach an agreement. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the agreement, subject to certain conditions, including that the parties provide notice of any variations to the agreement and that the agreement be registered with the Commission. The Commission also made an order that the agreement would be in force for a period of five years, from the date of approval, and could only be varied or terminated in accordance with the agreement's provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established