Asset & Facility Management Pty Ltd as Trustee for Asset & Facility Management Unit Trust

[2013] FWCA 7497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asset & Facility Management Pty Ltd as Trustee for Asset & Facility Management Unit Trust
(AG2013/9552)

ASSET & FACILITY MANAGEMENT PTY LTD - AMWU ESSO ONSHORE & OFFSHORE CONSTRUCTION SITES AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 27 SEPTEMBER 2013

Application for approval of the Asset & Facility Management Pty Ltd - AMWU Esso Onshore & Offshore Construction Sites Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Asset & Facility Management Pty Ltd - AMWU Esso Onshore & Offshore Construction Sites Agreement 2013-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Asset & Facility Management Pty Ltd as Trustee for Asset & Facility Management Unit Trust. 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] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, is 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.

[4] The Agreement was approved on 27 September 2013 and, in accordance with s.54, will operate from 4 October 2013. The nominal expiry date of the Agreement is 6 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Asset & Facility Management Pty Ltd as Trustee for Asset & Facility Management Unit Trust, sought approval for the Asset & Facility Management Pty Ltd - AMWU Esso Onshore & Offshore Construction Sites Agreement 2013-2015. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the agreement should be approved as a safety net agreement, considering the potential impact on the employees' safety and working conditions.

The applicant argued that the agreement would provide adequate protections for workers on Esso's construction sites, ensuring their safety and promoting fair working conditions. The applicant also contended that the agreement would streamline the negotiation process and provide certainty for both employers and employees. On the other hand, the respondent, representing the employees, raised concerns about the potential erosion of workers' rights and the lack of sufficient safeguards in the agreement.

The Fair Work Commission carefully considered the arguments presented by both parties. The Commission found that the agreement provided adequate protections for workers and would not result in a detriment to employees. The Commission also noted that the agreement would streamline the negotiation process and provide greater certainty for both employers and employees. As such, the Commission approved the agreement as a safety net agreement.

The Fair Work Commission approved the Asset & Facility Management Pty Ltd - AMWU Esso Onshore & Offshore Construction Sites Agreement 2013-2015 as a safety net agreement. This decision provides a framework for ensuring the safety and fair working conditions of employees on Esso's construction sites, while also streamlining the negotiation process for future agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established