Farrelly Constructions Services Pty Ltd

[2013] FWCA 10096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farrelly Constructions Services Pty Ltd
(AG2013/10439)

FARRELLY CONSTRUCTION SERVICES ULAN WEST COAL MINE CONSTRUCTION PROJECT UNION GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Farrelly Construction Services Ulan West Coal Mine Construction Project Union Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Farrelly Construction Services Ulan West Coal Mine Construction Project Union Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Farrelly Construction Services Pty Ltd (the Employer) and nominates the Australian Workers’ Union (AWU), the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the AWU, AMWU and CFMEU 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Farrelly Constructions Services Pty Ltd applied to the Fair Work Commission for approval of an agreement that would cover the construction of the Ulan West Coal Mine in New South Wales. The agreement was intended to provide for the terms and conditions of employment of workers engaged by Farrelly Constructions in the construction of the mine. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission.

The legal issues before the Commission related to whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it was a "better off overall test" (BOOT) agreement. The Commission had to determine if the agreement provided employees with terms and conditions that were no worse than those provided under the relevant award or modern award, and whether it was likely to result in improved outcomes for the employees.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission held that the agreement was a BOOT agreement, as it provided employees with terms and conditions that were no worse than those provided under the relevant award or modern award, and that it was likely to result in improved outcomes for the employees. The Commission also found that the agreement was in the best interests of the employees and the employer, and that it would promote improved productivity and efficiency in the workplace.

The Fair Work Commission approved the Farrelly Construction Services Ulan West Coal Mine Construction Project Union Greenfields Agreement 2013. The Commission's decision was based on the evidence presented and the findings that the agreement met the requirements of the Fair Work Act, including the BOOT requirement. The agreement was approved and is now in effect for the construction of the Ulan West Coal Mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established