DECISION

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

Bradco (QLD) Pty Ltd
(AG2015/172)

BRADCO JOINERY ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 11 FEBRUARY 2015

Application for approval of the Bradco Joinery Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 January 2015 by Bradco (QLD) Pty Ltd for the approval of a Greenfields agreement known as the Bradco Joinery Ichthys Onshore Construction Greenfields Agreement (“the Agreement”).

[2] Statutory declarations were provided by:

● Ms Amelia Bradshaw of Bradco (Qld) Pty Ltd;

● Mr S McDine, National Secretary of The Australian Workers’ Union (AWU);

● Mr J Ingham, Divisional Branch Assistant Secretary of the Construction, Forestry, Mining and Energy Union (the “CFMEU”);

●Mr P Simpson, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”); and

● Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the “AMWU”).

[3] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, CFMEU, CEPU and the AMWU 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bradco (QLD) Pty Ltd applied to the Queensland Industrial Relations Commission for approval of the Bradco Joinery Ichthys Onshore Construction Greenfields Agreement, which related to the employment of workers involved in the construction of the Ichthys LNG project. The dispute centred on whether the agreement was in the best interests of the employees and complied with relevant industrial laws.

The legal issues before the Commission included whether the agreement provided adequate protections and benefits for the employees, and whether it was negotiated in good faith. The Commission also considered whether the agreement was consistent with the provisions of the relevant industrial instruments.

In reaching its decision, the Commission examined the terms of the agreement and the processes by which it was negotiated. It found that the agreement was in the best interests of the employees and that it provided appropriate protections and benefits. The Commission also determined that the agreement was negotiated in good faith and was consistent with the relevant industrial laws.

The Commission approved the agreement, finding that it met the necessary criteria for approval. It noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was likely to promote industrial harmony. The Commission's decision was based on a detailed analysis of the agreement and the evidence presented by the parties.

Bradco (QLD) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established