DECISION

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

Duratec Australia Pty Ltd
(AG2015/1044)

DURATEC AUSTRALIA PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 25 MAY 2015

Application for approval of the Duratec Australia Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Duratec Australia Pty Ltd Ichthys Onshore Construction Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Duratec Australia Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application for approval of the Duratec Australia Pty Ltd Ichthys Onshore Construction Enterprise Agreement. The applicants, Duratec Australia Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application on various grounds, including that the agreement did not meet the statutory requirements for approval.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and whether the agreement had been made in accordance with the requirements of the Act. This included assessing whether the agreement had been negotiated in good faith, was free from coercion and whether it provided for a fair and reasonable system of classification and remuneration. The Commission also had to consider if the agreement had been made in accordance with the relevant bargaining obligations and whether it met the statutory requirements for coverage, including that it was made with a genuine intention to be registered.

The Commission found that the agreement had been negotiated in good faith and was free from any coercion. The terms and conditions were considered to be fair and reasonable, providing for a satisfactory system of classification and remuneration. The Commission was satisfied that the agreement met all the statutory requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for appropriate mechanisms for dispute resolution and included provisions for employee representation and consultation. The Commission concluded that the agreement was in the best interests of the employees and the employer and approved the agreement.

The Fair Work Commission approved the Duratec Australia Pty Ltd Ichthys Onshore Construction Enterprise Agreement, deeming it to comply with the statutory requirements of the Fair Work Act. The agreement was registered, and the terms and conditions it contained became binding on the parties involved. This decision ensures that the rights and obligations of both the employer and the employees are protected and regulated under the terms of the approved enterprise agreement.

Duratec Australia 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