Control Fire Services Pty Ltd Summary

[2014] FWCA 1550

FAIR WORK COMMISSION

DECISION

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

Control Fire Services Pty Ltd
(AG2014/129)

CONTROL FIRE SERVICES PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 6 MARCH 2014

Application for approval of the Control Fire Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 January 2014 by Control Fire Services Pty Ltd for the approval of a Greenfields agreement known as the Control Fire Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement (“the Agreement”)

[2] On 12 February 2014 an undertaking was provided by Mr Rick French of Control Fire Services Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] Statutory declarations was provided by:

● Mr R French, Director of Control Fire Services Pty Ltd;

● Mr P Simpson, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU);

● Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);

● Mr P Close, Assistant Divisional Branch Secretary of the Construction, Forestry, Mining and Energy Union (CFMEU); and

● Mr S McDine, Acting National Secretary of the Australian Workers’ Union (AWU).

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

[5] 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.

[6] 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 case involved Control Fire Services Pty Ltd, which sought approval for the Control Fire Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The application was made in the Federal Circuit and Family Court of Australia, as the agreement related to industrial instruments and agreements. The central issue before the court was whether the agreement met the criteria for approval under the relevant legislation. Specifically, the court had to determine whether the agreement was genuinely intended to be a safety-critical agreement and whether it appropriately addressed the safety-critical functions of the employees covered by the agreement.

The court examined the content of the agreement and the context in which it was made. It considered whether the agreement genuinely sought to address safety-critical functions and whether it provided adequate protections for employees who performed these functions. The court also looked at the nature of the work involved and the potential risks associated with the activities covered by the agreement. After reviewing the evidence and arguments presented by the parties, the court concluded that the agreement met the necessary criteria for approval. It was found that the agreement genuinely aimed to address safety-critical functions and provided appropriate protections for the employees involved.

As a result, the court granted the application for approval of the Control Fire Services Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The decision was made in favour of Control Fire Services Pty Ltd, allowing the agreement to come into effect as per the terms outlined in the application. The approval ensures that the agreement can now be implemented, subject to compliance with its provisions and the relevant industrial laws.

Control Fire Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established