AGC Industries Pty Ltd

[2013] FWCA 35

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGC Industries Pty Ltd
(AG2012/14309)

AGC INDUSTRIES AGREEMENT PTY LTD - WA & NT OFFSHORE CONSTRUCTION AGREEMENT 2012-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 JANUARY 2013

Application for approval of the AGC Industries Agreement Pty Ltd - WA & NT Offshore Construction Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the AGC Industries Agreement Pty Ltd - WA & NT Offshore Construction Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 19 August 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, AGC Industries Pty Ltd, sought approval of an enterprise agreement, the WA & NT Offshore Construction Agreement 2012-2015, from the Fair Work Commission. The agreement was submitted under the Fair Work Act 2009 and was to apply to employees working in the Western Australian and Northern Territory offshore construction industries. The primary dispute involved whether the agreement met the criteria for approval under the Act, specifically regarding its compliance with the "better off overall test" and whether it appropriately dealt with the employees' terms and conditions.

The central legal issue before the Fair Work Commission was whether the agreement was "appropriately" made, as required by section 179 of the Act. This involved examining whether the agreement was made in good faith, whether it was made without coercion, and if it provided employees with a better overall package of terms and conditions compared to the relevant awards or existing agreements. The Commission also had to consider the fairness and appropriateness of the agreement's provisions, including wage rates, hours of work, and other employment conditions.

In determining the matter, the Fair Work Commission assessed the evidence provided by both AGC Industries Pty Ltd and the unions representing the employees. The Commission found that the agreement had been made in good faith and without coercion, and that it provided employees with a better overall package of terms and conditions than the relevant awards. The Commission also found that the agreement appropriately dealt with the employees' terms and conditions and was fair and appropriate in all respects. Based on this assessment, the Fair Work Commission approved the WA & NT Offshore Construction Agreement 2012-2015, determining that it met the requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established