Gold Medal Services (NT) Pty Ltd

[2013] FWCA 234

FAIR WORK COMMISSION

DECISION

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

Gold Medal Services (NT) Pty Ltd
(AG2012/13021)

GOLD MEDAL SERVICES (NT) PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 JANUARY 2013

Application for approval of the Gold Medal Services (NT) Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Gold Medal Services (NT) Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Gold Medal Services (NT) Pty Ltd, The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 18 January 2013. The nominal expiry date of the Agreement is 10 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gold Medal Services (NT) Pty Ltd applied to the Fair Work Commission for approval of the Ichthys Onshore Construction Greenfields Agreement. The applicant is a contractor engaged by Inpex Ichthys Pty Ltd to provide labour hire services in relation to the Ichthys LNG project. The dispute involved the terms of the proposed agreement which would govern the employment of workers who would be seconded to Gold Medal by its parent company, Gold Medal Group Pty Ltd. The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement unfairly disadvantaged employees by allowing them to be paid less than the applicable award or registered agreement. The Commission needed to assess whether the agreement provided genuine protections for employees and ensured they were not worse off than they would be under the applicable award or agreement. This involved examining the provisions of the Fair Work Act, as well as relevant awards and enterprise agreements.

The Commission determined that the proposed agreement did not unjustifiably disadvantage employees. It found that the agreement contained provisions that ensured employees would not be paid less than the applicable award rate and provided for the payment of additional allowances. The Commission was satisfied that the agreement provided genuine protections for employees and met the requirements of the Fair Work Act. The Commission approved the agreement subject to certain conditions, including the requirement that Gold Medal ensure compliance with the agreement and provide information to the Commission as necessary.

The Fair Work Commission approved the Ichthys Onshore Construction Greenfields Agreement, subject to the specified conditions. The decision confirmed that the proposed agreement provided adequate protections for employees and complied with the relevant provisions of the Fair Work Act. The Commission's approval of the agreement ensures that employees working under the agreement are not disadvantaged and are protected by fair and reasonable terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established