Airlec Controls and Services Pty Ltd Summary

[2013] FWCA 3534

FAIR WORK COMMISSION

DECISION

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

Airlec Controls and Services Pty Ltd
(AG2013/1352)

AIRLEC CONTROLS AND SERVICES ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 5 JUNE 2013

Application for approval of the Airlec Controls and Services Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Airlec Controls and Services Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Airlec Controls and Services Pty Ltd, the Australian Workers’ Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 12 June 2013. The nominal expiry date of the Agreement is 4 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airlec Controls and Services Pty Ltd applied to the Fair Work Commission for approval of a workplace agreement, known as the Airlec Controls and Services Ichthys Onshore Construction Greenfields Agreement. The agreement aimed to regulate the employment terms and conditions for workers involved in the Ichthys Onshore Construction project in Greenfields. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it complied with the relevant legislative provisions.

The legal issues before the Commission were whether the agreement covered the appropriate employees, whether it contained the necessary terms and conditions, and whether it met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement complied with the process for making a simple, low-risk agreement, and whether it contained appropriate safeguards to ensure the rights of employees were not adversely affected.

The Commission found that the agreement was appropriate for approval under the simplified process due to its straightforward nature and minimal risk to employees. The agreement contained all the necessary terms and conditions and provided adequate safeguards for employee rights. The Commission concluded that the agreement met the legislative requirements and approved it, thereby resolving the dispute in favour of Airlec Controls and Services Pty Ltd.

The Fair Work Commission approved the Airlec Controls and Services Ichthys Onshore Construction Greenfields Agreement, recognising its compliance with the Fair Work Act and its suitability for the simplified approval process. This decision allowed the agreement to proceed, ensuring that the terms and conditions of employment for the workers involved in the project were properly regulated.

Airlec Controls and Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established