Australian Remote Painting and Maintenance Services Pty Ltd Summary

[2013] FWCA 1691

FAIR WORK COMMISSION

DECISION

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

Australian Remote Painting and Maintenance Services Pty Ltd
(AG2013/583)

AUSTRALIAN REMOTE PAINTING AND MAINTENANCE SERVICES PTY LTD ICHTHYS ACCOMMODATION VILLAGE PROJECT GREENFIELDS AGREEMENT 2013

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	MELBOURNE, 21 MARCH 2013

Application for approval of the Australian Remote Painting and Maintenance Services Pty Ltd Ichthys Accommodation Village Project Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Australian Remote Painting and Maintenance Services Pty Ltd Ichthys Accommodation Village Project Greenfields Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Australian Remote Painting and Maintenance Services Pty Ltd, 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 28 March 2013. The nominal expiry date of the Agreement is 20 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Australian Remote Painting and Maintenance Services Pty Ltd, sought approval from the Fair Work Commission for the Australian Remote Painting and Maintenance Services Pty Ltd Ichthys Accommodation Village Project Greenfields Agreement 2013. The dispute arose between the applicants and the union, which represented some of the workers under the agreement. The matter was heard in the Fair Work Commission. The central legal issue the Commission needed to resolve was whether the agreement met the criteria for an enterprise agreement under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was in writing, if it was appropriately certified as a single, indivisible document, and if it covered a range of matters appropriate to an enterprise agreement.

The Commission examined the content of the agreement, noting that it was comprehensive and addressed various employment conditions. It was certified as a single, indivisible document, which is a requirement under the legislation. The Commission found that the agreement covered a broad range of matters including wages, conditions of employment, and dispute resolution mechanisms, which are typical for an enterprise agreement. The union's contention that the agreement did not appropriately cover all necessary terms was rejected as the Commission found the agreement to be sufficiently detailed and inclusive. The Commission concluded that the agreement complied with all necessary legislative requirements.

Based on its findings, the Commission approved the agreement. It determined that the agreement was appropriately certified, comprehensive, and covered the requisite range of employment-related matters. Consequently, the application for approval was successful. The Commission issued an order approving the Australian Remote Painting and Maintenance Services Pty Ltd Ichthys Accommodation Village Project Greenfields Agreement 2013, allowing it to take effect as an enterprise agreement.

Australian Remote Painting and Maintenance 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