DECISION

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

EPC (Project Services) Pty Ltd
(AG2015/2147)

EPC (PROJECT SERVICES) PTY LTD LNG PROJECTS UNION GREENFIELDS AGREEMENT 2015-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 MARCH 2015

Application for approval of the EPC (Project Services) Pty Ltd LNG Projects Union Greenfields Agreement 2015-2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 March 2015 by EPC (Project Services) Pty Ltd for the approval of a Greenfields agreement known as the EPC (Project Services) Pty Ltd LNG Projects Union Greenfields Agreement 2015-2018(“the Agreement”).

[2] Statutory declarations were provided by:

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

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

• 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”).

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

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of the EPC (Project Services) Pty Ltd LNG Projects Union Greenfields Agreement 2015-2018. The agreement was a certified agreement under the Fair Work Act 2009 (Cth). The applicant sought approval of the agreement because it contained provisions that would have the effect of limiting or excluding the operation of the general protections in the Fair Work Act. This was necessary for the agreement to be approved as a registered agreement. The court was required to decide whether the provisions in the agreement limited or excluded the operation of the general protections in the Fair Work Act in a manner that was consistent with section 235 of the Fair Work Act.

The court considered the provisions in question and their effect on the general protections in the Fair Work Act. The court found that the provisions did limit or exclude the operation of the general protections in a manner consistent with section 235 of the Fair Work Act. The court found that the provisions were necessary to protect the safety of employees and that the limitations were not excessive. The court also found that the provisions were consistent with the public interest and that the agreement was in the best interests of the employees.

The court approved the agreement as a registered agreement. The court found that the provisions in the agreement were necessary to protect the safety of employees and that the limitations on the general protections in the Fair Work Act were not excessive. The court also found that the provisions were consistent with the public interest and that the agreement was in the best interests of the employees. The court approved the agreement as a registered agreement under section 234 of the Fair Work Act.

EPC (Project Services) Pty Ltd

DECISION

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