Egans Personnel Pty Ltd

[2013] FWCA 5150

FAIR WORK COMMISSION

DECISION

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

Egans Personnel Pty Ltd
(AG2013/1993)

"EGANS PERSONNEL PTY LTD" AUSTRALIA PACIFIC LNG (CURTIS ISLAND) PROJECT UNION GREENFIELD AGREEMENT 2013-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 JULY 2013

Application for approval of the "Egans Personnel Pty Ltd" Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2013-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 July 2013 by Egans Personnel Pty Ltd for the approval of a Greenfields agreement known as the “Egans Personnel Pty Ltd” Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2013-2015(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

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

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Egans Personnel Pty Ltd sought approval of the "Egans Personnel Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2013-2015". The respondent, the CFMEU, challenged the agreement on the basis that it was not made in good faith and contained provisions that were not genuinely intended to be agreed upon. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to decide were whether the agreement was made in good faith and whether it contained genuinely agreed-upon provisions. The Commission considered the parties' conduct throughout the negotiation process and the content of the agreement itself. The CFMEU argued that Egans Personnel did not genuinely intend to be bound by certain provisions, while Egans Personnel contended that the agreement was made in good faith and reflected the genuine intentions of both parties.

The Commission found that the agreement was made in good faith and contained genuinely agreed-upon provisions. The Commission noted that there was evidence of genuine negotiation between the parties and that the content of the agreement reflected the parties' intentions. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act 2009. Egans Personnel's application for approval of the agreement was therefore granted.

The Commission made an order approving the "Egans Personnel Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2013-2015". The agreement was approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established