Frith and Cuthbertson Pty Ltd T/A Frith’s Plumbing and Gasfitting Summary

[2013] FWCA 8247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frith and Cuthbertson Pty Ltd T/A Frith’s Plumbing and Gasfitting
(AG2013/9800)

FRITH’S PLUMBING AND GASFITTING - CEPU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 OCTOBER 2013

Application for approval of the Frith’s Plumbing and Gasfitting - CEPU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Frith’s Plumbing and Gasfitting - CEPU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Frith and Cuthbertson Pty Ltd, trading as Frith’s Plumbing and Gasfitting, which applied for approval of the Frith’s Plumbing and Gasfitting – CEPU – Gorgon Project – Barrow Island Greenfields Agreement 2013. The matter was heard in the Federal Circuit Court of Australia. The dispute pertains to whether the agreement, which outlines the terms and conditions of employment for workers on the Gorgon Project on Barrow Island, adequately addresses the relevant industry award terms and conditions.

The primary legal issues the court had to resolve were whether the agreement met the requirements of section 184 of the Fair Work Act 2009 and whether it provided adequate protections for employees. The court needed to determine if the agreement was consistent with the Fair Work Act and whether it was an appropriate instrument for the specified project.

The court examined the provisions of the agreement and found that it largely adhered to the requirements of section 184 of the Fair Work Act. The court concluded that the agreement was a genuine enterprise agreement as it was negotiated in good faith and covered the necessary terms and conditions. The court also noted that the agreement provided appropriate protections for employees and did not disadvantage them. As such, the court approved the agreement, finding that it complied with the statutory requirements and provided suitable terms and conditions for the workers involved in the Gorgon Project on Barrow Island. The court's approval was based on the comprehensive nature of the agreement and its alignment with the Fair Work Act's provisions.

Frith and Cuthbertson Pty Ltd T/A Frith’s Plumbing and Gasfitting

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established