DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darwin Carpets & Vinyls Pty Ltd
(AG2015/668)

DARWIN CARPETS & VINYLS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 7 APRIL 2015

Application for approval of the Darwin Carpets & Vinyls 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 March 2015 by Darwin Carpets & Vinyls Pty Ltd for the approval of a Greenfields agreement known as the Darwin Carpets & Vinyls Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement).

[2] Statutory declarations were provided by:

● Mr Grant Edwards of Darwin Carpets & Vinyls Pty Ltd;

● Mr S McDine, National Secretary of The Australian Workers’ Union (AWU);

● Mr D Hanna, Divisional Branch President of the Construction, Forestry, Mining and Energy Union (the CFMEU);

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

● Mr T Bradley, Assistant State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU).

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

In the Federal Court of Australia, Darwin Carpets & Vinyls Pty Ltd sought approval of the Darwin Carpets & Vinyls Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The applicant sought to approve the agreement for the purposes of section 31 of the Fair Work Act 2009, which allows the Fair Work Commission to approve agreements that provide for terms and conditions of employment that depart from the National Employment Standards and other applicable awards. The applicant argued that the agreement was necessary to facilitate the efficient completion of the Ichthys Onshore Construction project and to ensure the safety and welfare of employees.

The legal issues before the court included whether the agreement provided for terms and conditions of employment that were no worse off overall (NWO) than the applicable awards and standards, and whether the agreement was necessary for the efficient completion of the project and to ensure the safety and welfare of employees. The court also had to consider whether the agreement complied with the requirements of section 232 of the Fair Work Act, which sets out the criteria for approving an agreement.

The court found that the agreement provided for terms and conditions of employment that were NWO, and that it was necessary for the efficient completion of the project and to ensure the safety and welfare of employees. The court noted that the agreement included provisions for flexible working arrangements, additional leave entitlements, and improved occupational health and safety measures, which were designed to address the unique challenges of the Ichthys Onshore Construction project. The court also found that the agreement complied with the requirements of section 232 of the Fair Work Act. The court approved the agreement and made an order accordingly.

Darwin Carpets & Vinyls 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