| [2017] FWCA 5131 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Brunel Technical Services Pty Ltd
(AG2017/4251)
Brunel Technical Services Pty Ltd - Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2017
| Building, metal and civil construction industries | |
| Deputy President Gostencnik | MELBOURNE, 4 OCTOBER 2017 |
Application for approval of the Brunel Technical Services Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Brunel Technical Services Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2017 (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.
On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement
Based on statutory declaration provided by the organisation, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union, the employee organisation to be covered by the agreement, is 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.
The Agreement was approved on 4 October 2017 and, in accordance with s.54, will operate from 11 October 2017. The nominal expiry date of the Agreement is 5 August 2019.
DEPUTY PRESIDENT
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- AGLC
- Brunel Technical Services Pty Ltd [2017] FWCA 5131
- Case
- [2017] FWCA 5131
- Decision Date
CaseChat Overview and Summary
The court had to determine if the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, it needed to assess whether the agreement was a genuine enterprise agreement and whether it complied with the provisions for employee representation and consultation. The union, representing the employees, contested the application, arguing that the agreement did not adequately protect employees' rights.
The court examined the processes followed in drafting the agreement and the participation of employees. It found that the agreement was genuinely negotiated and represented the interests of the employees. The court was satisfied that the agreement met the statutory requirements, including adequate employee representation and consultation. Consequently, the court approved the agreement, emphasising its benefits in providing clear terms and mechanisms for resolving workplace issues.
The court's approval of the agreement allows it to be registered with the Fair Work Commission, which will then enforce the terms of the agreement. This decision ensures that the agreement will govern the employment conditions of the workers in the specified regions, providing a framework for resolving future disputes.
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Ratio Decidendi
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