BAM Clough Contracting Pty Ltd Summary

[2013] FWCA 2426

FAIR WORK COMMISSION

DECISION

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

BAM Clough Contracting Pty Ltd
(AG2013/920)

BAM CLOUGH CONTRACTING PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 22 APRIL 2013

Application for approval of the BAM Clough Contracting Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the BAM Clough Contracting Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by BAM Clough Contracting Pty Ltd, the Australian Workers’ Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' 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 29 April 2013. The nominal expiry date of the Agreement is 21 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of BAM Clough Contracting Pty Ltd, the applicant sought approval from the Fair Work Commission for a Greenfields Agreement, which is a type of enterprise agreement that applies to workers employed at a project site that has not previously had employees. The agreement was intended to regulate the terms and conditions of employment for workers at the Ichthys Onshore Construction Greenfields project in Western Australia. The legal issues before the Commission involved the validity of the application, the appropriateness of the proposed agreement, and whether the agreement met the statutory requirements for approval.

The Commission considered the nature of the project and the workforce, the negotiation process, and the content of the agreement. The Commission was satisfied that the application was valid and that the agreement was appropriate for the circumstances. The Commission noted that the agreement provided for a modern and flexible workplace, with provisions for dispute resolution and the protection of workers' rights. The Commission also found that the agreement met the statutory requirements for approval, including the requirement that the agreement provide for the "most efficient, productive and harmonious working arrangements".

The Commission approved the agreement, noting that it provided for a fair and reasonable workplace that balanced the interests of the employer and the employees. The Commission found that the agreement was in the best interests of the employees and that it provided for a modern and flexible workplace that would enable the project to be completed efficiently and effectively. The Commission approved the agreement, subject to certain conditions, including the requirement that the employer provide certain information to the employees and that the agreement be subject to review by the Commission.

The Commission's decision provides important guidance for employers and employees in the construction industry, and highlights the importance of negotiation and compromise in reaching an agreement that is fair and reasonable for all parties. The decision also reinforces the role of the Commission in approving Greenfields Agreements and ensuring that they meet the statutory requirements for approval.

BAM Clough Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established