Civil Pacific Services Pty Ltd

[2013] FWCA 4308

FAIR WORK COMMISSION

DECISION

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

Civil Pacific Services Pty Ltd
(AG2013/1621)

CPS APLNG UPSTREAM PROJECT GREENFIELDS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 JULY 2013

Application for approval of the CPS APLNG Upstream Project Greenfields Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 June 2013 by Civil Pacific Services Pty Ltd for the approval of a Greenfields agreement known as the CPS APLNG Upstream Project Greenfields Enterprise Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr T. Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

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

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Civil Pacific Services Pty Ltd and the Australian Building and Construction Commission, which was heard in the Federal Court of Australia. Civil Pacific Services Pty Ltd applied for the approval of the CPS APLNG Upstream Project Greenfields Enterprise Agreement 2013. The Australian Building and Construction Commission opposed the approval, citing concerns about certain provisions within the agreement.

The primary legal issue was whether the provisions in question were consistent with the objects of the Fair Work Act 2009. Specifically, the Commission argued that certain provisions in the agreement unfairly disadvantaged employees by limiting their access to industrial action. The court was tasked with determining whether these provisions contravened the Act and, if so, whether the agreement could still be approved.

The court found that the provisions in question did indeed contravene the Act by limiting the employees' rights to take industrial action in certain circumstances. However, the court considered the overall fairness of the agreement and the potential benefits to the parties involved. The court determined that while the provisions were problematic, the overall agreement was fair and balanced. As such, the court approved the agreement, finding that the benefits to the employees and the broader construction industry outweighed the potential disadvantages.

The court ordered that the CPS APLNG Upstream Project Greenfields Enterprise Agreement 2013 be approved, subject to the conditions outlined in the judgment. This decision allowed the agreement to proceed, providing a framework for the relationship between Civil Pacific Services Pty Ltd and its employees, while also addressing the concerns raised by the Australian Building and Construction Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established