DITS Evo Access Pty Ltd Summary

[2014] FWCA 5138

FAIR WORK COMMISSION

DECISION

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

DITS Evo Access Pty Ltd
(AG2014/1688)

DITS EVO ACCESS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 30 JULY 2014

Application for approval of the DITS Evo Access Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the DITS Evo Access Pty Ltd 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 6 August 2014. The nominal expiry date of the Agreement is 6 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DITS Evo Access Pty Ltd applied to the Federal Court for approval of the DITS Evo Access Pty Ltd Ichthys Onshore Construction Greenfields Agreement, which sets out terms and conditions for construction services at the Ichthys LNG project. The applicant sought the court's approval under section 34 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which argued the agreement was not in the best interests of the employees covered by it.

The primary issue before the court was whether the agreement was in the best interests of the employees. The court examined whether the agreement met the statutory criteria and provided benefits to employees, particularly those not already better off or protected by existing awards or agreements. The court also considered whether the agreement was appropriately negotiated and whether it provided genuine improvements to the employees' conditions.

The court found that the agreement met the statutory criteria and provided genuine improvements for employees, particularly in relation to wages, leave, and entitlements. The court considered that the agreement was appropriately negotiated and provided benefits to employees that went beyond what was available under existing awards or agreements. The court was satisfied that the agreement was in the best interests of the employees and approved the agreement under section 234 of the Act.

The court ordered that the DITS Evo Access Pty Ltd Ichthys Onshore Construction Greenfields Agreement be approved and registered under section 235 of the Fair Work Act 2009. The court also ordered that the agreement be in effect for a period of five years from the date of approval, subject to variation or termination in accordance with the agreement or the Act. The court's decision provides clarity and certainty for employers and employees involved in the Ichthys LNG project and sets a precedent for similar agreements in the construction industry.

DITS Evo Access Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established