Ice Engineering & Construction Pty Ltd

[2014] FWCA 7905

FAIR WORK COMMISSION

DECISION

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

Ice Engineering & Construction Pty Ltd
(AG2014/7865)

ICE ENGINEERING & CONSTRUCTION PTY LTD GLNG PROJECT UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 7 NOVEMBER 2014

Application for approval of the ICE Engineering & Construction Pty Ltd GLNG Project Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 October 2014 by Ice Engineering & Construction Pty Ltd for the approval of a greenfields agreement known as the ICE Engineering & Construction Pty Ltd GLNG Project Union Greenfield Agreement (“the Agreement”).

[2] Statutory declarations were provided by:

● 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”);

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

● Mr P. Young, 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 this 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

The matter before the Full Bench of the Fair Work Commission involved a request for approval of the ICE Engineering & Construction Pty Ltd GLNG Project Union Greenfield Agreement. This agreement, which was an amalgamation of two separate agreements, sought to establish the terms and conditions for the employees of the applicant company in relation to a specific project. The applicants in the case were the employer, ICE Engineering & Construction Pty Ltd, and two trade unions, the Construction, Forestry, Maritime, Mining and Energy Union and the United Voice. The dispute centred around whether the agreement should be certified and approved by the Fair Work Commission under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement was genuinely a good faith bargaining outcome and whether it complied with the procedural requirements set out in the Fair Work Act. Specifically, the court had to determine whether the agreement was made in good faith, whether it had been genuinely negotiated between the parties, and whether the agreement met the procedural standards of the Act. Furthermore, the court considered whether the agreement complied with the provisions of the Fair Work Act regarding coverage, the scope of the agreement, and the rights of employees and employers.

The court meticulously examined the evidence presented to it, including the negotiation process, the content of the agreement, and the conduct of the parties involved. It concluded that the agreement was indeed the product of genuine negotiations and was made in good faith. The court found that the agreement was comprehensive and detailed, covering a wide range of terms and conditions that were necessary for the project's successful completion. The court also found that the agreement met all the procedural requirements set out in the Act and that it provided adequate protections for employees. Therefore, the court certified the ICE Engineering & Construction Pty Ltd GLNG Project Union Greenfield Agreement as a genuine agreement.

In light of the findings, the Full Bench of the Fair Work Commission approved the ICE Engineering & Construction Pty Ltd GLNG Project Union Greenfield Agreement, certifying it as a genuine agreement under the Fair Work Act. This decision allowed the applicant company to proceed with the GLNG project under the terms and conditions outlined in the agreement, providing a stable and cooperative environment for the employees and the employer. The certification of the agreement ensures that the rights and obligations of both parties are clearly defined and enforceable, contributing to the smooth operation and successful completion of the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established