Fielders Australia Pty Ltd

[2013] FWCA 8245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fielders Australia Pty Ltd
(AG2013/9803)

FIELDERS AUSTRALIA PTY LTD - AMWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 OCTOBER 2013

Application for approval of the Fielders Australia Pty Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fielders Australia Pty Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Fielders Australia Pty Ltd, the Australian Manufacturing Workers' Union (AMWU) and Chevron Australia Pty Ltd, the Fair Work Commission was tasked with determining the appropriateness of a proposed agreement between Fielders Australia Pty Ltd and the AMWU, regarding the Gorgon Project on Barrow Island. The agreement, known as the Greenfields Agreement 2013, was put forward by the parties to regulate the employment terms and conditions for workers at the Gorgon Project. The legal issues the Commission had to address included whether the proposed agreement provided adequate protections for employees, and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement satisfied the better-off-overall test, ensuring that employees would be no worse off financially and potentially better off as a result of the agreement.

The Commission examined the contents of the Greenfields Agreement 2013 and its implications for the employees of Fielders Australia Pty Ltd. It took into account the provisions of the Fair Work Act 2009, particularly the better-off-overall test and the requirement that the agreement be in the best interests of the employees. The Commission also considered the parties' submissions, including the arguments presented by Fielders Australia Pty Ltd, the AMWU, and Chevron Australia Pty Ltd. After a thorough analysis, the Commission found that the proposed agreement provided sufficient protections for employees and complied with the relevant provisions of the Fair Work Act 2009. Furthermore, the Commission determined that the agreement satisfied the better-off-overall test, and it was in the best interests of the employees.

Following its evaluation, the Commission approved the Greenfields Agreement 2013, making it a registered agreement under the Fair Work Act 2009. This decision allowed Fielders Australia Pty Ltd, the AMWU, and Chevron Australia Pty Ltd to proceed with the implementation of the agreement, which would govern the employment terms and conditions for workers at the Gorgon Project on Barrow Island. The Commission's approval of the agreement was based on the finding that it provided adequate protections for employees and was in their best interests, while also satisfying the legal requirements set out in 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