DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fluor Global Services Australia Pty Ltd
(AG2016/2523)

AMWU, AWU AND FLUOR GLOBAL SERVICES PTY LTD, AUSTRALIAN PAPER MARYVALE MILL GREENFIELDS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 MARCH 2016

Application for approval of the AMWU, AWU and Fluor Global Services Pty Ltd, Australian Paper Maryvale Mill Greenfields Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the AMWU, AWU and Fluor Global Services Pty Ltd, Australian Paper Maryvale Mill Greenfields Enterprise Agreement 2016 (Agreement). The application was made by Fluor Global Services Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union, and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2016. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Fluor Global Services Australia Pty Ltd, the Australian Manufacturing Workers' Union (AMWU), and the Australian Workers' Union (AWU). The dispute centred on the application for the approval of the AMWU, AWU, and Fluor Global Services Pty Ltd, Australian Paper Maryvale Mill Greenfields Enterprise Agreement 2016. The Commission was tasked with determining whether the agreement should be formally approved, thereby making it a legally binding instrument between the parties.

The legal issues before the Commission included whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it met the criteria for being a genuine enterprise agreement. Specifically, the Commission needed to assess if the agreement had been negotiated fairly, if it contained terms and conditions that were clear and understandable, and if it was beneficial to the employees covered by it. The Commission also needed to consider if the agreement appropriately addressed the interests of the employees and the employer.

In delivering its decision, the Commission examined the evidence and submissions presented by the parties. It found that the agreement had been negotiated in good faith and met the necessary criteria for approval. The Commission was satisfied that the agreement contained clear and comprehensible terms, was beneficial to the employees, and appropriately balanced the interests of both the employees and the employer. The agreement was therefore approved as a legally binding enterprise agreement under the Fair Work Act 2009.

The final orders of the Commission included the formal approval of the Australian Paper Maryvale Mill Greenfields Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its terms and conditions. The decision provided clarity and legal certainty to the employment relationship between the parties, ensuring that the agreement would govern the terms and conditions of employment moving forward.

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