[2013] FWCA 517 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Fleetwash Industrial Systems Pty Ltd
(AG2013/91)
FLEETWASH INDUSTRIAL SYSTEMS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT
Northern Territory | |
SENIOR DEPUTY PRESIDENT HARRISON | SYDNEY, 23 JANUARY 2013 |
Application for approval of the Fleetwash Industrial Systems Pty Ltd Ichthys Onshore Construction Greenfields Agreement.
[1] An application has been made for approval of an enterprise agreement known as the Fleetwash Industrial Systems Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Fleetwash Industrial Systems Pty Ltd, The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.
[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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. In accordance with s.54(1) it will operate from 30 January 2013. The nominal expiry date of the Agreement is 22 January 2017.
SENIOR DEPUTY PRESIDENT
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- AGLC
- Fleetwash Industrial Systems Pty Ltd [2013] FWCA 517
- Case
- [2013] FWCA 517
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed agreement complied with the statutory criteria set out in the Fair Work Act. The court had to examine the specific terms of the agreement and assess whether it provided for a fair and reasonable set of terms and conditions for the employees involved. Additionally, the court needed to ensure that the agreement did not undermine the fundamental principles of the Act, such as the protection of employees' rights and the promotion of industrial harmony.
In reaching its decision, the court thoroughly reviewed the terms of the agreement and considered the submissions made by both parties. The court found that the agreement largely complied with the requirements of the Fair Work Act, providing fair and reasonable terms for the employees. The court also concluded that the agreement did not undermine the principles of the Act. Consequently, the court granted the application for approval of the agreement, subject to certain conditions aimed at ensuring ongoing compliance with the Act's requirements.
As a result of the court's decision, the Fleetwash Industrial Systems Pty Ltd Ichthys Onshore Construction Greenfields Agreement was approved, subject to the conditions imposed by the court. These conditions aimed to ensure ongoing compliance with the Fair Work Act and protect the rights of the employees involved in the agreement. The court's decision provided clarity and certainty for both parties, allowing the agreement to proceed while safeguarding the interests of the employees.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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