Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2013] FWCA 2734

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/995)

NILSEN QLD PTY LTD LNG PROJECTS UNION GREENFIELD AGREEMENT

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 10 MAY 2013

Application for approval of the Nilsen Qld Pty Ltd LNG Projects Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 April 2013 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of a Greenfields agreement known as the Nilsen Qld Pty Ltd LNG Projects Union Greenfields Agreement. (“the Agreement”)

[2] Statutory declarations were provided by:

● Mr D James, Divisional Manager Nilsen Qld Pty Ltd, and

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Nilsen Qld Pty Ltd (the Employer). The Union applied for approval of the Nilsen Qld Pty Ltd LNG Projects Union Greenfield Agreement under the Fair Work Act 2009 (the Act). The application was heard by the Fair Work Commission (the Commission). The Union sought the Commission's approval for the agreement, which outlined the terms and conditions for employees of Nilsen Qld Pty Ltd involved in LNG projects. The dispute centred around whether the agreement complied with the statutory requirements set forth in the Act.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under section 234 of the Act. The Commission needed to determine if the agreement was a good faith bargaining outcome and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission examined whether the agreement complied with any applicable enterprise agreements and if it adhered to the minimum standards prescribed by the Act.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant provisions of the Act. The Commission found that the agreement was the result of good faith bargaining between the Union and the Employer. The terms and conditions outlined in the agreement were deemed fair and reasonable, taking into account the nature of the work and the specific circumstances of the employees involved in LNG projects. Furthermore, the Commission confirmed that the agreement complied with the applicable enterprise agreements and did not fall below the minimum standards prescribed by the Act. Based on these findings, the Commission approved the agreement under section 235 of the Act.

The Commission approved the Nilsen Qld Pty Ltd LNG Projects Union Greenfield Agreement, recognising it as a fair and reasonable outcome of good faith bargaining. The agreement was found to comply with the requirements of the Act and was therefore approved for implementation. This decision provided clarity and certainty for both the Union and the Employer regarding the terms and conditions of employment for employees involved in LNG projects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established