Aus-Ops Pty Ltd
[2018] FWCA 2544
•7 MAY 2018
[2018] FWCA 2544
The attached document replaces the document previously issued with the above code on 10 May 2018.
The decision is amended to reflect the correct print number.
Relief Associate to DEPUTY PRESIDENT KOVACIC
Dated 9 May 2018
| [2018] FWCA 2544 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Aus-Ops Pty Ltd
(AG2017/5961)
AUS-OPS PTY LTD Enterprise Agreement 2017
| Building, metal and civil construction industries | |
| Deputy President Kovacic | CANBERRA, 7 MAY 2018 |
Application for approval of the Aus-Ops Pty Ltd Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Aus-Ops Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by Aus-Ops Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On 26 March 2018 the Fair Work Commission’s (the Commission) Member Support Research Team sent an email to the Applicant setting out the Commission’s preliminary views regarding the Agreement. That email foreshadowed that the application would be listed for hearing to inter alia allow the Commission to seek further information regarding the background of the three employees who voted on the Agreement and a request that the Agreement’s Employee Representative’s Signatory page not be published on the Commission’s website should the Agreement be approved.
The application was the subject of a telephone hearing on 3 April 2018. At the hearing Mr Dean Farrant appeared with permission for the Applicant together with Mr Mark Steogen and Mr Darren Rooney of Aus-Ops Pty Ltd. Each of the three employees who voted on the Agreement also appeared at the Commission’s request.
In advance of the hearing, the Applicant provided undertakings which addressed the various other issues raised in the Commission’s email of 26 March 2018. I am satisfied that the undertakings proffered will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
At the hearing, Mr Farrant described the Applicant’s core business as being construction operations and the provision of maintenance services in the hydrocarbons industry. Mr Farrant also submitted that the three employees who voted on the Agreement have extensive experience in the oil and gas maintenance and construction industry and understood the breadth of the Agreement because they were familiar with the types of enterprise agreements which apply in the industry. More specifically, Mr Farrant indicated that the three employees worked as a scaffolder, rigger and an electrician respectively. As to their experience, one of the employees advised that he had around 30 years’ experience in their particular trade and that they had worked predominantly in the hydrocarbons industry while another stated that they had 10 years’ experience in the industry.
Having regard to these submissions, I am satisfied as to the authenticity and moral authority of the Agreement[1].
As alluded to above, the Applicant requested that the Employee Representative’s Signatory Page not be included as part of the Agreement that is published on the Commission’s website. At the hearing, the employee bargaining representative identified concerns about potential harassing calls as the reason for the request. Also at the hearing, the Applicant reiterated its support for the request and offered to provide the Commission with details of other instances where the Commission had published a redacted version of an agreement and/or made an order to that effect pursuant to s.594(1) of the Act.
Having considered the basis of the request and the further material provided by the Applicant, I am prepared to make an Order to protect the identity of the employees who voted on the Agreement and any personal information relating to them. The Order will cover any such details/information contained on the file regarding the application or in the transcript of the telephone hearing of 3 April 2018. An Order to that effect will be issued in conjunction with this decision.
Against that background, subject to concerns that have been addressed by way of undertakings, 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.
As noted, pursuant to s.190(3), I have accepted undertakings from Aus-Ops Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 7 May 2022.
Appearances:
D. Farrant for the Applicant
Telephone hearing:
Canberra and Perth
April 3 2018
[1] Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (1999) 96 IR 156 at paragraph126 and Construction, Forestry, Mining and Energy Union v One Key Workforce Pty Ltd: [2017] FCA 1266
Printed by authority of the Commonwealth Government Printer
<AE4428266, PR606863>
0
0
0