DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fluor Global Services Australia Pty Ltd
(AG2016/7939)

THE FLUOR GLOBAL SERVICES HAZELWOOD POWER STATION AMWU AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 2 MARCH 2017

Application for approval of the Fluor Global Services Hazelwood Power Station AMWU Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Fluor Global Services Hazelwood Power Station AMWU Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fluor Global Services Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Manufacturing Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the proceeding were Fluor Global Services Australia Pty Ltd and the Australian Manufacturing Workers' Union. The dispute arose over an application to approve the Fluor Global Services Hazelwood Power Station AMWU Agreement 2016 under section 234 of the Fair Work Act 2009. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements of the Act and if it was in the best interests of the employees. Specifically, the Commission had to consider if the agreement contained all the terms required by the Act, if it was reasonably capable of promoting or protecting the employees' interests, and if it was otherwise in the best interests of the employees.

The Commission found that the agreement contained all the required terms and was reasonably capable of promoting or protecting the employees' interests. It was also in the best interests of the employees. The agreement provided for a two-year term and included provisions for wages, allowances, leave, and other employment conditions. The Commission noted that the agreement was based on a collective bargaining process and reflected the parties' agreement on the terms and conditions of employment. The Commission also considered the evidence of the employees' representatives and found that they supported the agreement. The Commission concluded that the agreement met the requirements of the Act and was in the best interests of the employees.

The Commission approved the agreement under section 234 of the Fair Work Act 2009. The approval was subject to certain conditions, including a requirement for the parties to review the agreement after 12 months and to notify the Commission of any changes to the agreement. The approval was also subject to a sunset clause, which meant that it would expire after two years unless the parties agreed to extend it. The decision was binding on all employees covered by the agreement and could not be varied by an individual employment contract. The orders of the Commission were that the Fluor Global Services Hazelwood Power Station AMWU Agreement 2016 be approved under section 234 of the Fair Work Act 2009, subject to the conditions and the sunset clause.

Fluor Global Services Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established