DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cryoperl Australia Pty Ltd
(AG2016/2374)

CRYOPERL AUSTRALIA PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 MARCH 2016

Application for approval of the Cryoperl Australia Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Cryoperl Australia Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cryoperl Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2016. The nominal expiry date of the Agreement is 6 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cryoperl Australia Pty Ltd applied for approval of the Cryoperl Australia Pty Ltd Ichthys Onshore Construction Enterprise Agreement. The respondents were various unions and their members. The unions opposed the agreement, claiming it failed to meet the requirements of the Fair Work Act 2009. The Australian Industrial Relations Commission was the forum for the application.

The court had to determine whether the agreement was a "direct" agreement, as defined by the Fair Work Act. A direct agreement is one between an employer and employees, made without the involvement of a registered organisation. The court also had to consider whether the agreement met the "better off overall test" and whether it was made in good faith. The unions argued that the agreement was not a direct agreement, as it was influenced by a registered organisation. They also claimed it did not meet the better off overall test and was not made in good faith.

The court found that the agreement was a direct agreement, as it was made directly between Cryoperl and its employees, without the involvement of a registered organisation. The court also found that the agreement met the better off overall test and was made in good faith. The court rejected the unions' claims and approved the agreement.

Cryoperl Australia Pty Ltd's application for approval of the Cryoperl Australia Pty Ltd Ichthys Onshore Construction Enterprise Agreement was approved by the Australian Industrial Relations Commission.

Cryoperl Australia 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