DECISION

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

Hertel Modern Pty Ltd
(AG2015/1059)

HERTEL MODERN PTY LTD QCLNG PROJECT UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 MAY 2015

Application for approval of the Hertel Modern Pty Ltd QCLNG Project Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 May 2015 by Hertel Modern Pty Ltd for the approval of a Greenfields agreement known as the Hertel Modern Pty Ltd QCLNG Project Union Greenfield Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr B. Devlin, Assistant 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. Ong, Deputy 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, AWU 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] 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

Hertel Modern Pty Ltd applied to the Fair Work Commission for the approval of a Union Greenfield Agreement in relation to the QCLNG Project. The project involves the construction and operation of a new liquefied natural gas (LNG) plant in Queensland. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed agreement did not provide adequate protections for workers. The Fair Work Commission was required to determine whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009.

The Commission considered whether the proposed agreement provided for a fair and efficient system of industrial relations, including the protection of workers' rights and entitlements. The Commission also considered whether the agreement provided for a fair and efficient system for the resolution of disputes, including the establishment of a dispute resolution process. The Commission found that the proposed agreement did not provide adequate protections for workers in relation to the provision of safety equipment and the resolution of disputes. The Commission also found that the proposed agreement did not provide for an efficient system of industrial relations, as it did not adequately address issues such as the classification of workers and the provision of training and development opportunities.

As a result, the Commission refused to approve the proposed agreement. The Commission found that the proposed agreement did not meet the statutory criteria for approval under the Fair Work Act 2009. The Commission noted that the proposed agreement did not provide adequate protections for workers and did not provide for a fair and efficient system of industrial relations. The Commission also noted that the proposed agreement did not provide for an efficient system for the resolution of disputes. The Commission ordered that the application for approval of the proposed agreement be dismissed.

Hertel Modern Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established