Fuel Tank & Pipe Pty Ltd

[2013] FWCA 2696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fuel Tank & Pipe Pty Ltd
(AG2013/897)

FUEL TANK & PIPE BHPB IRON ORE GROWTH PROJECTS STAGE 1 AMWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 MAY 2013

Application for approval of the Application for approval of the Fuel Tank & Pipe BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Fuel Tank & Pipe BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement (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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not include a consultation term, the model consultation term is taken to be a term of the Agreement.

[5] 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.

[6] 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 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fuel Tank & Pipe Pty Ltd was a party involved in a dispute concerning the approval of an Australian Manufacturing Workers' Union (AMWU) agreement related to the BHPB Iron Ore Growth Projects Stage 1 at Greenfields. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission assessed whether the proposed agreement met the necessary standards for fair and reasonable terms, including the provision of appropriate protections for employees. A significant aspect of the Commission's decision involved examining the procedural fairness of the agreement's negotiation process. The Commission also needed to determine if the agreement provided adequate protections for employees in terms of wages, conditions, and other employment standards.

After considering the evidence presented and the arguments from both parties, the Fair Work Commission determined that the proposed agreement was fair and reasonable. The Commission found that the agreement adequately protected employees and met the necessary standards under the Fair Work Act. As a result, the Commission approved the BHPB Iron Ore Growth Projects Stage 1 AMWU Greenfields Agreement. The Commission's decision was based on a comprehensive evaluation of the agreement's provisions and the overall fairness of the terms negotiated between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established