DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clough Projects Pty Ltd
(AG2014/10133)

CLOUGH PROJECTS PTY LTD ONSHORE AND OFFSHORE GREENFIELDS AGREEMENT 2014

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Clough Projects Pty Ltd Onshore and Offshore Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Clough Projects Pty Ltd Onshore and Offshore Greenfields Agreement 2014 (Agreement). The application was made by Clough Projects Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clough Projects Pty Ltd, an Australian construction company, sought approval for the Clough Projects Pty Ltd Onshore and Offshore Greenfields Agreement 2014 from the Fair Work Commission. This agreement was intended to govern the employment terms of certain employees. The dispute arose from the union’s objection to specific provisions of the agreement that they believed did not adequately protect employees' rights and conditions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the provisions of the agreement were fair and whether they complied with the requirements of the Fair Work Act. The union argued that several provisions, including those concerning wages, working hours, and redundancies, did not sufficiently protect employees' interests. Clough Projects Pty Ltd maintained that the agreement was fair and balanced, providing necessary flexibility for the business while ensuring adequate protections for employees.

The Commission carefully examined each contested provision, weighing the arguments presented by both parties. It considered whether the agreement provided for a fair outcome for all employees, whether it contained appropriate mechanisms for resolving disputes, and whether it complied with relevant laws and standards. Ultimately, the Commission found that certain provisions did not adequately protect employees and were not fair. However, it concluded that the overall agreement was fair and approved it, subject to modifications to address the identified concerns.

The final orders included the approval of the agreement, subject to certain amendments. The Commission mandated specific changes to the provisions on wages, working hours, and redundancies to ensure they met the criteria for fairness. These amendments were designed to provide clearer protections and ensure the agreement better aligned with the statutory requirements for employee rights and conditions.

Clough Projects Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established