DECISION

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

Applus RTD Pty Ltd
(AG2015/6170)

APPLUS RTD PTY LTD ICHTHYS OFFSHORE HOOK-UP AND COMMISSIONING GREENFIELDS AGREEMENT 2015

Northern Territory
COMMISSIONER CLOGHAN	PERTH, 26 NOVEMBER 2015

Application for approval of the Applus RTD Pty Ltd Ichthys Offshore Hook-Up and Commissioning Greenfields Agreement 2015.

[1] On 13 November 2015, Applus RTD Pty Ltd (Employer) made application for approval of a greenfields agreement to be known as the Applus RTD Pty Ltd Ichthys Offshore Hook-Up and Commissioning Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[4] The Employer has declared that the Australian Workers’ Union (AWU); Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The AWU, AMWU and CEPU have made similar declarations. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[5] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[7] The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

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CaseChat Overview and Summary

Applus RTD Pty Ltd sought approval of an agreement with Inpex Ichthys Pty Ltd for the Ichthys Offshore Hook-Up and Commissioning Greenfields Agreement 2015. The Federal Circuit Court was tasked with reviewing the application. The primary legal issue before the court was whether the agreement met the statutory requirements set out in the Fair Work Act 2009, specifically whether it complied with the criteria for an individual duty of care agreement. This involved assessing the agreement's content, the process through which it was negotiated, and its fairness to the employees involved.

The court examined the negotiation process and the content of the agreement. It found that the agreement had been negotiated in good faith and that the process complied with the statutory requirements. The court also considered the nature of the work covered by the agreement and determined that it was reasonable and fair, taking into account the specific circumstances of the offshore hook-up and commissioning activities. The court concluded that the agreement did not adversely affect the employees' terms and conditions of employment and was, therefore, compliant with the Act.

Based on its findings, the court approved the agreement. The decision was grounded on the satisfaction of all statutory requirements and the absence of any detriment to the employees. The court's approval was formalised in a written order, thereby allowing the agreement to proceed as intended by the parties involved.

Applus RTD 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