Bohle Pipe Fabrication Pty Ltd

[2013] FWCA 5780

FAIR WORK COMMISSION

DECISION

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

Bohle Pipe Fabrication Pty Ltd
(AG2013/8008)

BOHLE PIPE FABRICATION CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 26 AUGUST 2013

Application for approval of the Bohle Pipe Fabrication Caval Ridge Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 August 2013 by Bohle Pipe Fabrication Pty Ltd for the approval of a Greenfields agreement known as the Bohle Pipe Fabrication Caval Ridge Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

Mr T. Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU, AMWU and CFMEU 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 and that it is in the public interest to approve the Agreement.

[4] 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Bohle Pipe Fabrication Pty Ltd sought approval for the Bohle Pipe Fabrication Caval Ridge Project Union Greenfields Agreement. The applicant, a company in the piping and fabrication industry, aimed to have the agreement, which involved terms and conditions for its employees, approved under the Fair Work Act 2009. The Australian Council of Trade Unions (ACTU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) were the respondents opposing the approval of the agreement.

The primary legal issue before the court was whether the terms of the Union Greenfields Agreement were consistent with the provisions of the Fair Work Act, particularly focusing on whether the agreement met the requirements for being considered a "single-employer agreement" and if it provided adequate protections for employees. The court also had to consider whether the agreement provided for a fair and efficient workplace and whether it complied with the principles of good faith bargaining and procedural fairness.

The court found that the agreement was consistent with the provisions of the Fair Work Act and provided adequate protections for employees. The court noted that the agreement was a single-employer agreement and that it established a fair and efficient workplace. The court also found that the agreement was the result of good faith bargaining and procedural fairness. The court concluded that the agreement was in the best interests of the employees and approved the application for its registration.

As a result, the court granted the application for the approval of the Bohle Pipe Fabrication Caval Ridge Project Union Greenfields Agreement. The agreement was registered under the Fair Work Act, and the parties were bound by its terms and conditions. The decision provides clarity on the approval process for single-employer agreements and the criteria that must be met to ensure they are fair and in the best interests of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established