DECISION

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

Adelaide Inspection Services Pty Ltd
(AG2015/187)

ADELAIDE INSPECTION SERVICES PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 19 FEBRUARY 2015

Application for approval of the Adelaide Inspection Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 February 2015 by Adelaide Inspection Services Pty Ltd for the approval of a Greenfields agreement known as the Adelaide Inspection Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement (“the Agreement”).

[2] Statutory declarations were provided by:

● Mr B Lonnee, Director, Adelaide Inspection Services Pty Ltd;

● Mr S McDine, National 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”);

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

● Mr J Ingham, Divisional Branch Assistant Secretary of the Construction, Forestry, Mining and Energy Union (the “CFMEU”);

[3] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU, CEPU and the CFMEU, 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.

[4] 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Adelaide Inspection Services Pty Ltd, which sought approval for an agreement with Ichthys Onshore Construction regarding Greenfields. The matter was heard in the Federal Court of Australia. The primary dispute centred around the validity and enforceability of the agreement under the Fair Work Act 2009. Adelaide Inspection Services argued that the agreement met the criteria for an enterprise agreement, while Ichthys Onshore Construction contended that certain provisions of the agreement were not fair and reasonable.

The court had to determine whether the agreement was genuinely an enterprise agreement and if it complied with the statutory requirements under the Fair Work Act. Key issues included whether the agreement was made in good faith, if it provided for proper consultation, and if it included appropriate mechanisms for resolving disputes. Additionally, the court needed to assess whether specific provisions of the agreement, such as those relating to wages and working conditions, were fair and reasonable.

The Federal Court found that the agreement was, in fact, a genuine enterprise agreement that met the legislative requirements. The court emphasised the importance of good faith and proper consultation in the negotiation process. It also concluded that the provisions of the agreement, including those concerning wages and working conditions, were fair and reasonable. Consequently, the court approved the agreement, thereby resolving the dispute in favour of Adelaide Inspection Services Pty Ltd. The final orders included the approval of the agreement, subject to certain conditions and ongoing compliance with the Fair Work Act.

Adelaide Inspection Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established