Green Civil Con Pty Ltd T/A Green Civil Summary

[2013] FWCA 2743

FAIR WORK COMMISSION

DECISION

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

Green Civil Con Pty Ltd T/A Green Civil
(AG2013/1038)

GREEN CIVIL CON QCLNG UPSTREAM GREENFIELD PROJECTS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 MAY 2013

Application for approval of the Green Civil Con QCLNG Upstream Greenfield Projects Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 1 May 2013 by Green Civil Con Pty Ltd T/A Green Civil for the approval of a Greenfields agreement known as the Green Civil Con QCLNG Upstream Greenfield Projects Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is 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] 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.

[5] 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

Green Civil Con Pty Ltd, trading as Green Civil, sought approval of the Green Civil Con QCLNG Upstream Greenfield Projects Agreement 2013 from the Fair Work Commission. The dispute arose from the need to certify the agreement under section 233 of the Fair Work Act 2009, which mandates that certain agreements be certified as "unregistered" to be legally enforceable.

The primary legal issues for the Commission were whether the agreement met the criteria for certification and if it provided for fair terms and conditions of employment. The Commission had to consider whether the agreement was genuinely negotiated, whether it provided for appropriate dispute resolution mechanisms, and whether it complied with the statutory requirements set out in the Fair Work Act.

The Commission examined the evidence presented and found that the agreement was genuinely negotiated and provided for fair terms and conditions of employment. It included provisions for dispute resolution and complied with the statutory requirements for certification. The Commission concluded that the agreement met the necessary criteria and was therefore approved for registration.

The Commission certified the Green Civil Con QCLNG Upstream Greenfield Projects Agreement 2013 as an unregistered agreement, making it legally enforceable. The decision was based on the evidence that the agreement was genuinely negotiated, provided for fair terms and conditions, and complied with the statutory requirements for certification. This certification ensures that the agreement can be implemented as intended, providing a framework for the employment terms of the parties involved in the QCLNG Upstream Greenfield Projects.

Green Civil Con Pty Ltd T/A Green Civil

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established