Fluor Global Services Australia Pty Ltd

[2014] FWCA 3207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Fluor Global Services Australia Pty Ltd
(AG2014/5742)

FLUOR GLOBAL SERVICES PTY LTD, PILBARA REGION, BHPB, MAINTENANCE (AWU) ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 16 MAY 2014

Application for approval of the Fluor Global Services Pty Ltd, Pilbara Region, BHPB, Maintenance (AWU) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fluor Global Services Pty Ltd, Pilbara Region, BHPB, Maintenance (AWU) Enterprise Agreement 2014 (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 greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fluor Global Services Australia Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, the Fluor Global Services Pty Ltd, Pilbara Region, BHPB, Maintenance (AWU) Enterprise Agreement 2014. The Australian Workers’ Union (AWU) opposed the approval, arguing that the agreement did not comply with certain statutory provisions and that the application was not validly made. The legal issues before the Commission were whether the agreement was validly made and whether it complied with the relevant statutory provisions.

The Commission found that the agreement was validly made, despite the AWU’s objections, and that the application was validly lodged. The Commission also found that the agreement complied with the statutory requirements, including the provisions regarding the protection of employees’ rights and entitlements. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not undermine the rights of employees or the principles of the Fair Work Act 2009. The Commission approved the agreement, finding that it met the requirements of the Act and was in the best interests of the employees.

The Commission ordered that the Fluor Global Services Pty Ltd, Pilbara Region, BHPB, Maintenance (AWU) Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement came into effect on the first day of the month following the date of the approval. The AWU’s objections were dismissed, and the application was granted in its entirety. The decision of the Commission was final and binding, and could not be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established