G & S Engineering Services Pty Ltd

[2014] FWCA 2424

FAIR WORK COMMISSION

DECISION

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

G & S Engineering Services Pty Ltd
(AG2014/5145)

G & S ENGINEERING SERVICES CURTIS ISLAND LNG PROJECTS UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 APRIL 2014

Application for approval of the G & S Engineering Services Curtis Island LNG Projects Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 31 March 2014 by G & S Engineering Services Pty Ltd for the approval of a Greenfields agreement known as the G & S Engineering Services Curtis Island LNG Projects Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and

Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] On 15 April 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, G & S Engineering Services Pty Ltd applied for approval of the G & S Engineering Services Curtis Island LNG Projects Union Greenfields Agreement. The applicant, an engineering services company, sought to formalise the agreement with its employees represented by the Union of Construction, Forestry, Mining and Energy Employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for registration and approval.

The primary legal issue before the court was whether the agreement contained all the necessary provisions as stipulated by the Fair Work Act, including provisions addressing the rights and obligations of both parties. The court also had to determine if the agreement complied with the provisions of the Fair Work (Registered Organisations) Regulations 2010. The Union argued that the agreement did not adequately protect the employees' interests, while the applicant contended that the agreement was comprehensive and in line with legislative requirements.

The court examined the contents of the agreement and found that while it largely complied with the statutory requirements, it failed to include certain mandatory provisions. The court considered the implications of these omissions and concluded that the agreement could be approved with modifications to include the missing provisions. The court noted that the overall intent and spirit of the agreement aligned with the objectives of the Fair Work Act. Consequently, the court approved the agreement with conditions that the applicant must rectify the deficiencies within a specified timeframe.

The final order of the court was that the G & S Engineering Services Curtis Island LNG Projects Union Greenfields Agreement be approved, subject to the condition that the applicant amends the agreement to include the omitted mandatory provisions within 28 days of the judgment. The court retained jurisdiction to monitor compliance with the order and to make further orders if necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established