Brunel Technical Services Pty Ltd

[2014] FWCA 798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brunel Technical Services Pty Ltd
(AG2013/11816)

BRUNEL TECHNICAL SERVICES PTY LTD - AMWU GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 FEBRUARY 2014

Application for approval of the Brunel Technical Services Pty Ltd- AMWU - Gorgon Project - Barrow Island Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brunel Technical Services Pty Ltd- AMWU - Gorgon Project - Barrow Island Greenfield Agreement 2013 (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] 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.

[3] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[4] The Agreement was approved on 3 February 2014 and, in accordance with s.54, will operate from 10 February 2014. The nominal expiry date of the Agreement is 3 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the applicant, Brunel Technical Services Pty Ltd, sought approval of a new enterprise agreement with the Australian Manufacturing Workers' Union (AMWU) concerning the Gorgon Project on Barrow Island. The proposed agreement, titled the Brunel Technical Services Pty Ltd- AMWU - Gorgon Project - Barrow Island Greenfield Agreement 2013, was intended to regulate the terms and conditions of employment for the workforce involved in the Gorgon Project, a significant natural gas development. The AMWU, representing the employees, also participated in the proceedings to ensure their members' interests were considered.

The primary legal issues the Fair Work Commission had to address were whether the proposed agreement provided for the employees' pay and conditions in a fair and reasonable manner, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether the agreement met the criteria for being a "greenfield" agreement, which allows for certain expedited processes due to the nature of the workplace being newly established. Additionally, the Commission needed to assess whether proper consultation processes were followed in the development of the agreement.

In its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the Gorgon Project and the need for a skilled workforce. The Commission noted that the agreement provided adequate protections for employees, including provisions for wages, hours of work, leave entitlements, and other conditions of employment. The Commission also determined that the agreement met the criteria for a greenfield agreement, as the project was a newly established workplace with unique challenges. The Commission further concluded that the applicant had followed appropriate consultation processes with the union in developing the agreement. As a result, the Fair Work Commission approved the Brunel Technical Services Pty Ltd- AMWU - Gorgon Project - Barrow Island Greenfield Agreement 2013, allowing it to come into effect as a binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established