DITS Pty Ltd

[2014] FWCA 7595

FAIR WORK COMMISSION

DECISION

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

DITS Pty Ltd
(AG2014/7627)

DITS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 24 OCTOBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the DITS 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 31 October 2014. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved DITS Pty Ltd, which sought approval for the Ichthys Onshore Construction Greenfields Agreement from the Fair Work Commission. The dispute centred on whether the proposed agreement met the criteria for a Greenfields agreement under the Fair Work Act 2009. The Fair Work Commission was the court that heard and decided the matter.

The legal issues before the Commission included whether the agreement was genuinely intended to be a Greenfields agreement, whether the conditions outlined in the agreement were necessary to establish a new facility, and if the agreement met the statutory requirements as prescribed by the Act. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions regarding the protection of employees' rights and entitlements.

The Commission concluded that the proposed agreement was genuinely intended to be a Greenfields agreement, as it aimed to establish a new facility and was necessary to achieve the project's objectives. The terms and conditions of the agreement were deemed fair and reasonable, providing for the protection of employees' rights and entitlements. The Commission found that the agreement met all statutory requirements and approved the agreement, allowing DITS Pty Ltd to proceed with the establishment of the new facility under the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established