Farrelly Constructions Services Pty Ltd Summary

[2013] FWCA 10093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farrelly Constructions Services Pty Ltd
(AG2013/10438)

FARRELLY CONSTRUCTION SERVICES PTY LTD BOGGABRI MINE - COAL HANDLING AND PROCESSING PLANT PROJECT UNION COLLECTIVE GREENFIELD AGREEMENT 2013

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

Application for approval of the Farrelly Construction Services Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Farrelly Construction Services Pty Ltd Boggabri Mine - Coal Handling and Processing Plant Project Union Collective Greenfield 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 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Farrelly Construction Services Pty Ltd applied for approval of a Union Collective Greenfield Agreement 2013 in relation to the Boggabri Mine - Coal Handling and Processing Plant Project. The applicant sought to resolve workplace disputes through the proposed agreement, which was to be governed by the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the criteria for approval under the Act.

The central legal issue before the court was whether the proposed agreement provided for the fair and efficient resolution of workplace disputes and met the requirements set out in the Fair Work Act 2009. The court had to consider whether the agreement facilitated the avoidance of industrial action, ensured that employees could be represented by their union, and provided for the efficient resolution of disputes. The court also needed to assess whether the agreement included appropriate protections for employees and whether it was consistent with the objectives of the Act.

In delivering its judgment, the court examined the terms of the proposed agreement and the submissions of both parties. The court found that the agreement provided for the fair and efficient resolution of workplace disputes, as it included provisions for the avoidance of industrial action, representation by the union, and mechanisms for resolving disputes. The court also determined that the agreement contained appropriate protections for employees and was consistent with the objectives of the Fair Work Act 2009. Consequently, the court approved the Union Collective Greenfield Agreement 2013.

The final orders of the court were that the Union Collective Greenfield Agreement 2013 be approved for the Boggabri Mine - Coal Handling and Processing Plant Project. The agreement was to be governed by the Fair Work Act 2009, and the court's approval was to be recorded in the Register of Approved Agreements. The approval was to take effect from the date of the court's decision.

Farrelly Constructions Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established