DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Heat Tech Australia Pty Ltd
(AG2015/360)

HEAT TECH AUSTRALIA PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 6 MARCH 2015

Application for approval of the Heat Tech 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 24 February 2015 by Heat Tech Australia Pty Ltd for the approval of a Greenfields agreement known as the Heat Tech Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement).

[2] Statutory declarations were provided by:

● Mr Stephen Hinchliffe of Heat Tech Australia Pty Ltd;

● Mr S McDine, National Secretary of The Australian Workers’ Union (AWU);

● Mr D Hanna, Divisional Branch President of the Construction, Forestry, Mining and Energy Union (the CFMEU);

● Mr P Simpson, 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, CFMEU, 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

Heat Tech Australia Pty Ltd applied for approval of the Heat Tech Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The agreement was between Heat Tech Australia and INPEX Ichthys Onshore Pty Ltd, the operator of the Ichthys LNG Project. The Fair Work Commission (FWC) was asked to decide whether the agreement should be approved under section 233 of the Fair Work Act 2009.

The key legal issue before the FWC was whether the agreement was a good faith bargaining outcome, as required by section 230(1)(a) of the Fair Work Act. The FWC considered whether the agreement was the product of genuine bargaining between the parties, and whether it contained terms that were fair and reasonable. The FWC also had to consider whether the agreement would result in significant benefits for the employees, and whether it would provide for the efficient and productive operation of the workplace.

The FWC found that the agreement was the product of genuine bargaining between the parties. The agreement contained terms that were fair and reasonable, and it provided for the efficient and productive operation of the workplace. The FWC also found that the agreement would result in significant benefits for the employees, including improved wages and conditions. The FWC concluded that the agreement met the requirements of section 230(1)(a) of the Fair Work Act, and approved the agreement under section 233 of the Fair Work Act.

The FWC made an order approving the Heat Tech Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement as a registered agreement under section 233 of the Fair Work Act. The agreement became effective from the date of the FWC’s approval. The FWC also made an order that the agreement would be registered by the Registrar of the Fair Work Commission.

Heat Tech Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established