Brunel Technical Services Pty Ltd

[2013] FWC 9397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brunel Technical Services Pty Ltd
(AG2013/11348)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 29 NOVEMBER 2013

Application for approval of the Brunel Technical Services Offshore Pty Ltd Western Australian Onshore and Offshore Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Brunel Technical Services Offshore Pty Ltd Western Australian Onshore and Offshore Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Brunel Technical Services Pty Ltd. The Agreement is a greenfields agreement.

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement was made by Mr Colin Saunders, the Industrial Relations Advisor for Brunel Technical Services Pty Ltd. Mr Saunders stated at 2.1 of his Declaration that the Agreement was made on 9 October 2013. The Agreement was also signed on that date

[3] Section 185(4) of the Act states that “if the agreement is a greenfields agreement, the application must be made within 14 days after the agreement is made”. There is no provision in the Act allowing me to extend the time for making of an application to approve a Greenfields Agreement. The application was lodged on 6 November 2013, over two weeks out of time.

[4] The application for approval is dismissed on the basis that the application was made out of time.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brunel Technical Services Pty Ltd, represented by its parent company, applied to the Fair Work Commission for approval of the Brunel Technical Services Offshore Pty Ltd Western Australian Onshore and Offshore Agreement 2012. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the scope and validity of the agreement, specifically concerning the terms and conditions of employment for workers under the proposed agreement.

The primary legal issue before the Commission was whether the agreement adequately complied with the requirements of the Fair Work Act 2009. This involved examining the agreement’s coverage of relevant employees, its procedural fairness in the negotiation process, and its compliance with the provisions outlined in the Act. The Commission also considered the necessity of the agreement and whether it met the standard of being in the best interests of the employees it sought to cover.

In reaching its decision, the Commission examined the procedural fairness of the agreement's negotiation and the agreement's compliance with the Fair Work Act. The Commission noted that the agreement had been developed following proper consultation processes and was found to be fair and reasonable. It was also determined that the agreement was in the best interests of the employees it sought to cover, taking into account the specific needs and circumstances of the industry. Consequently, the Commission approved the Brunel Technical Services Offshore Pty Ltd Western Australian Onshore and Offshore Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established