Harsco Infrastructure (Western Australia) Pty Ltd

[2013] FWCA 5058

FAIR WORK COMMISSION

DECISION

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

Harsco Infrastructure (Western Australia) Pty Ltd
(AG2013/7421)

HARSCO INFRASTRUCTURE (WESTERN AUSTRALIA) PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 26 JULY 2013

Application for approval of the Harsco Infrastructure (Western Australia) Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 July 2013 by Harsco Infrastructure (Western Australia) Pty Ltd for the approval of a Greenfields agreement known as the Harsco Infrastructure (Western Australia) Pty Ltd Ichthys Onshore Construction Greenfields Agreement (“the Agreement”)

[2] Statutory declarations were provided by:

• Mr J Tracey, Regional Managing Director, Harsco Infrastructure (Western Australia) Pty Ltd,

• Mr B Swan, Branch Secretary of The Australian Workers’ Union

(the “AWU”) ,

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

• 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”).

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Harsco Infrastructure (Western Australia) Pty Ltd applied to the Federal Circuit and Family Court for the approval of an enterprise agreement that had been reached with the Australian Manufacturing Workers' Union. The agreement, which covered employees working on the Ichthys Onshore Construction Greenfields project, was the subject of an industrial dispute, and the parties had been unable to reach an agreement independently. The applicant sought approval of the proposed agreement on the basis that the Fair Work Commission had been unable to resolve the dispute, and that it was in the interests of the employees that the agreement be approved.

The court was required to consider whether the agreement was in the best interests of the employees, and whether it had been negotiated in good faith. The court also needed to determine whether the agreement was appropriate in the circumstances, and whether it contained provisions that were contrary to public policy. The applicant argued that the agreement was in the best interests of the employees, and that it had been negotiated in good faith. The applicant also submitted that the agreement contained appropriate provisions and did not contravene any public policy.

The court considered the evidence and submissions from both parties and concluded that the agreement was in the best interests of the employees. The court found that the agreement had been negotiated in good faith and that it contained appropriate provisions. The court also determined that the agreement did not contravene any public policy. The court approved the proposed agreement, and it came into effect on the date of the approval.

The court ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the date of the approval. The court also ordered that the agreement be given notice to all employees covered by the agreement. The court's decision was based on the evidence and submissions presented to it, and it reflected the court's consideration of the relevant legal principles and the circumstances of the case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established