DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fluor Global Services Australia Pty Ltd
(AG2016/3254)

FLUOR GLOBAL SERVICES PTY LTD AND ERU GREENFIELDS ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Fluor Global Services Pty Ltd and ERU Greenfields Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Fluor Global Services Pty Ltd and ERU Greenfields Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fluor Global Services Australia Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. 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 accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is 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 does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Fluor Global Services Pty Ltd and ERU Greenfields Enterprise Agreement 2016. The applicant, Fluor Global Services Australia Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the statutory requirements for approval and whether it complied with the provisions of the Fair Work Act.

The primary legal issues the court had to address were whether the agreement was made in good faith, whether it provided for the proper protection of employees' interests, and whether it met the other criteria set out in the Fair Work Act. Specifically, the court needed to consider if the agreement provided for fair terms and conditions, including minimum rates of pay, reasonable hours of work, and adequate leave entitlements. Additionally, the court had to determine if the agreement provided for the proper protection of employees' interests, including ensuring that the terms and conditions of employment were fair and reasonable.

In reaching its decision, the Fair Work Commission found that the agreement met the requirements for approval. The court determined that the agreement was made in good faith and provided for the proper protection of employees' interests. The terms and conditions of the agreement were found to be fair and reasonable, and the agreement met all the statutory criteria for approval. Consequently, the court approved the agreement and ordered that it would operate from 27 June 2016, with a nominal expiry date of 31 December 2016.

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