Absolute Earthmoving Repairs (QLD) Pty Ltd

[2013] FWCA 3694

FAIR WORK COMMISSION

DECISION

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

Absolute Earthmoving Repairs (QLD) Pty Ltd
(AG2013/1368)

ABSOLUTE EARTHMOVING REPAIRS GLNG UPSTREAM PROJECT GREENFIELD AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 JUNE 2013

Application for approval of the Absolute Earthmoving Repairs GLNG Upstream Project Greenfield Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 June 2013 by Absolute Earthmoving Repairs (QLD) Pty Ltd for the approval of a Greenfields agreement known as the Absolute Earthmoving Repairs GLNG Upstream Project Greenfield Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[1] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the 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 and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Absolute Earthmoving Repairs (QLD) Pty Ltd applied for approval of the Absolute Earthmoving Repairs GLNG Upstream Project Greenfield Agreement 2013. The application was made under the Building and Construction Industry (Miscellaneous Provisions) Act 2008. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval and whether it was in the best interests of the workers involved.

The primary legal issues centred on whether the agreement contained all necessary provisions as outlined in the Building and Construction Industry (Miscellaneous Provisions) Act 2013 and whether it would provide adequate protection for workers' rights and entitlements. The Commission examined the agreement's compliance with statutory requirements and evaluated its implications for the workers' wages, conditions, and overall welfare. The Commission also considered the views of relevant stakeholders, including the applicant and other interested parties.

After thorough examination, the Fair Work Commission found that the agreement did not meet the necessary requirements for approval. The Commission identified several deficiencies in the agreement that did not sufficiently protect workers' rights and conditions. The decision was made based on the statutory criteria set out in the Act and the overall impact on workers' interests. The Commission concluded that the agreement could not be approved as it failed to meet the legislative standards.

The Fair Work Commission dismissed the application for approval of the agreement. The decision emphasised the importance of ensuring that any agreement under the Act fully complies with legal requirements and adequately safeguards workers' rights. The Commission's decision underscored the need for comprehensive scrutiny of agreements to protect the interests of workers in the building and construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established