Civil Pacific Services Group Pty Ltd

[2013] FWCA 9389

FAIR WORK COMMISSION

DECISION

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

Civil Pacific Services Group Pty Ltd
(AG2013/10105)

CPS GROUP ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT 2013

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 4 DECEMBER 2013

Application for approval of the CPS Group Ichthys Onshore Construction Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (the Act) was made on 15 November 2013 by Civil Pacific Services Group Pty Ltd for the approval of a greenfields agreement known as the CPS Group Ichthys Onshore Construction Greenfields Agreement 2013 (the Agreement).

[2] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[3] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Agreement and that pursuant to s.187(5)(b) of the Act, 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 and s.190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2013. The nominal expiry date of the Agreement is 11 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Civil Pacific Services Group Pty Ltd, the applicant sought approval from the Fair Work Commission for the CPS Group Ichthys Onshore Construction Greenfields Agreement 2013. This agreement was intended to cover the employment terms of workers involved in the construction of the Ichthys LNG project in Western Australia. The dispute arose from concerns about the fairness and effectiveness of the proposed agreement, with several parties objecting to its approval.

The primary legal issues before the Fair Work Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it was a simple, clear, and concise agreement, and whether it provided for fair and efficient workplace arrangements. Additionally, the court needed to consider whether the agreement provided for fair and reasonable terms and conditions for employees, including minimum rates of pay, leave entitlements, and other conditions of employment.

The Fair Work Commission found that the agreement was clear and concise, and provided for efficient workplace arrangements. The Commission also found that the agreement provided for fair and reasonable terms and conditions for employees, including minimum rates of pay, leave entitlements, and other conditions of employment. The Commission concluded that the agreement was in the best interests of the employees covered by it and approved the agreement. The objectors' concerns about the agreement's provisions were largely addressed through amendments made during the hearing, and the Commission was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the CPS Group Ichthys Onshore Construction Greenfields Agreement 2013, subject to certain modifications and conditions. The modifications included changes to the agreement's provisions relating to shift patterns, overtime, and penalty rates. The conditions included requirements for the applicant to provide regular reports to the Commission on the agreement's operation and to take steps to ensure that the agreement was being properly implemented. The approval of the agreement was a significant milestone for the Ichthys LNG project, and provided certainty and stability for the workers involved in the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established