Fluor Global Services (Australia) Pty Ltd

[2014] FWCA 393

FAIR WORK COMMISSION

DECISION

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

Fluor Global Services (Australia) Pty Ltd
(AG2013/12870)

FLUOR GLOBAL SERVICES (AUSTRALIA) PTY LTD BLUESCOPE, PORT KEMBLA STEELWORKS RAIL ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 16 JANUARY 2014

Application for approval of the Fluor Global Services (Australia) Pty Ltd BlueScope, Port Kembla Steelworks Rail Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Fluor Global Services (Australia) Pty Ltd BlueScope, Port Kembla Steelworks Rail Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fluor Global Services (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have 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 each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 January 2014. The nominal expiry date is three years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fluor Global Services (Australia) Pty Ltd recently applied to the Fair Work Commission for the approval of an enterprise agreement, the BlueScope, Port Kembla Steelworks Rail Enterprise Agreement 2013. The application arose from negotiations between Fluor and the Rail and Transport Division of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees in the bargaining process. The primary issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues centred on whether the agreement was made in good faith, involved genuine negotiations, and was properly certified by the relevant union. Furthermore, the Commission had to consider whether the agreement complied with the provisions of the Act, including the protection of employees' rights and interests. The Commission examined the process through which the agreement was negotiated and certified, and whether it adhered to the principles of fairness and equity.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement was made in good faith, involved genuine negotiations, and was properly certified by the relevant union. The Commission was satisfied that the agreement met all the necessary criteria for approval under the Act. Consequently, the Commission approved the BlueScope, Port Kembla Steelworks Rail Enterprise Agreement 2013. The decision highlights the importance of ensuring that enterprise agreements are negotiated fairly and genuinely, and that the rights and interests of employees are protected throughout the process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established