G & S Engineering Services Pty Ltd Summary

[2013] FWCA 8435

FAIR WORK COMMISSION

DECISION

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

G & S Engineering Services Pty Ltd
(AG2013/9834)

G & S ENGINEERING SERVICES QCLNG PROJECTS UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 OCTOBER 2013

Application for approval of the G & S Engineering Services QCLNG Projects Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 October 2013 by the G & S Engineering Services Pty Ltd for the approval of a Greenfields agreement known as the G & S Engineering Services QCLNG 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”); and

Mr P. Simpson, 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 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 28 October 2013 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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[7] 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

G & S Engineering Services Pty Ltd sought approval for the G & S Engineering Services QCLNG Projects Union Greenfields Agreement from the Fair Work Commission. The dispute arose from negotiations between G & S Engineering Services and the Union, which led to an impasse. The Fair Work Commission was tasked with determining whether the proposed agreement was in the interests of employees.

The central legal issue was whether the agreement met the criteria outlined in the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account various factors such as the nature of the work, the economic circumstances of the parties, and the need to ensure fairness and flexibility. Additionally, the Commission needed to determine if the agreement adequately protected the interests of employees while balancing the needs of employers.

In reaching its decision, the Commission examined the content of the agreement and the submissions made by both parties. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions, taking into account the nature of the work, the economic circumstances, and the need for flexibility. The Commission also considered the balance of bargaining power between the parties and the protection of employee interests. Based on these factors, the Commission concluded that the agreement was in the interests of the employees and approved it.

The Fair Work Commission approved the G & S Engineering Services QCLNG Projects Union Greenfields Agreement, finding it to be in the interests of the employees. The Commission's decision was based on the agreement meeting the criteria for approval under the Fair Work Act 2009, including providing for fair and reasonable terms and conditions, taking into account the nature of the work, economic circumstances, and the need for fairness and flexibility. The decision also considered the protection of employee interests and the balance of bargaining power between the parties.

G & S Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established