CS Access Systems

[2014] FWCA 6685

FAIR WORK COMMISSION

DECISION

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

CS Access Systems
(AG2014/7518)

CSS ACCESS SYSTEMS ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 23 SEPTEMBER 2014

Application for approval of the CS Access Systems Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the CSS Access Systems Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 30 September 2014. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of CS Access Systems, the applicant sought approval of the CS Access Systems Ichthys Onshore Construction Greenfields Agreement, which was brought before the Fair Work Commission. The dispute centred around the terms and conditions of employment under the proposed agreement, including provisions related to pay rates, employee classification, and the introduction of a new shift system. The Australian Council of Trade Unions, as a party to the negotiations, contested certain aspects of the agreement, arguing that it did not adequately protect employee rights and interests.

The legal issues before the Commission involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including whether it facilitated, encouraged, and promoted improved workplace relations and provided for the effective management of workplace relations. Specifically, the Commission had to consider whether the agreement’s provisions on pay rates, employee classification, and the new shift system were fair and reasonable, and whether they complied with the relevant legislative standards.

The Commission examined the evidence presented by both parties and assessed whether the agreement met the criteria for approval. It considered the broader context of the agreement, including the need for flexibility in managing the construction project and the importance of maintaining harmonious workplace relations. Ultimately, the Commission found that the proposed agreement did not meet the statutory requirements for approval because it failed to adequately protect certain employee interests. Consequently, the application was dismissed.

The Fair Work Commission ordered that the CS Access Systems Ichthys Onshore Construction Greenfields Agreement was not to proceed as proposed and directed that further negotiations be undertaken to address the concerns raised by the Union. The Commission emphasised the need for any future agreement to ensure that it provided for fair and reasonable terms and conditions of employment that complied with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established