Direct Skills Civil Mining and Rail (NSW) Pty Ltd

[2013] FWCA 8239

FAIR WORK COMMISSION

DECISION

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

Direct Skills Civil Mining and Rail (NSW) Pty Ltd
(AG2013/9789)

DIRECT SKILLS AND THE AUSTRALIAN WORKERS' UNION NSW GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 24 OCTOBER 2013

Application for approval of the Direct Skills and The Australian Workers' Union NSW Greenfields Agreement 2013.

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Direct Skills and The Australian Workers’ Union NSW Greenfields Agreement 2013-2014.

[2] The application was lodged by Direct Skills Civil Mining and Rail (NSW) Pty Ltd and is a single-enterprise Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 15 October 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of The Australian Workers’ Union, which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Direct Skills and The Australian Workers' Union NSW Greenfields Agreement 2013, the Fair Work Commission was called upon to determine whether the agreement should be approved. The applicant, Direct Skills Civil Mining and Rail (NSW) Pty Ltd, sought approval for the agreement which was intended to govern the terms and conditions of employment for certain workers. The respondent, The Australian Workers' Union NSW, raised concerns over the fairness and appropriateness of certain provisions in the agreement.

The legal issues before the Commission centred on whether the agreement provided fair and appropriate terms and conditions for the workers, and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for appropriate mechanisms for dispute resolution, whether it provided adequate protections for workers, and whether it was consistent with the principles of enterprise flexibility. The Commission also had to consider whether the agreement was consistent with the general protections provided by the Fair Work Act.

The Commission found that the agreement provided fair and appropriate terms and conditions for the workers, and that it complied with the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for appropriate mechanisms for dispute resolution, that it provided adequate protections for workers, and that it was consistent with the principles of enterprise flexibility. The Commission also found that the agreement was consistent with the general protections provided by the Fair Work Act. Accordingly, the Commission approved the agreement.

The Commission made an order approving the Direct Skills and The Australian Workers' Union NSW Greenfields Agreement 2013. The order specified that the agreement would be registered with the Fair Work Commission and would have effect as a registered agreement under the Fair Work Act. The order also provided for the agreement to be in force for a period of five years from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established