Inoteq Offshore Services Pty Ltd

[2022] FWCA 2761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inoteq Offshore Services Pty Ltd

(AG2022/3208)

lnoteq Offshore Services Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 AUGUST 2022

Application for approval of the lnoteq Offshore Services Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024

Inoteq Offshore Services Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the lnoteq Offshore Services Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CEPU and the AMWU and that the Agreement covers these organisations.

The Agreement was approved on 16 August 2022 and, in accordance with s 54, will operate from 23 August 2022. The nominal expiry date of the Agreement is 16 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inoteq Offshore Services Pty Ltd, a company engaged in offshore construction projects, applied to the Fair Work Commission for approval of a Greenfields Agreement 2020 - 2024. The applicant sought to ensure that the agreement, which outlines terms and conditions for its workforce, would be legally enforceable. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for a Greenfields Agreement, specifically whether it included provisions for genuine enterprise bargaining, and whether it adhered to the procedural fairness principles. The Commission needed to assess if the agreement was made in good faith and if it provided fair and reasonable terms for both the employer and the employees. Furthermore, it was necessary to determine whether the agreement provided for adequate consultation and disclosure processes.

The Fair Work Commission found that the agreement met all statutory requirements for a Greenfields Agreement. It was concluded that the agreement was made in good faith, provided fair and reasonable terms, and included adequate provisions for genuine enterprise bargaining. The Commission also determined that the agreement adhered to procedural fairness principles, including appropriate consultation and disclosure processes. Consequently, the Commission approved the agreement, finding it to be compliant with all relevant legislative provisions.

The Fair Work Commission ordered the approval of the Greenfields Agreement 2020 - 2024 between Inoteq Offshore Services Pty Ltd and the relevant employee representatives. This decision ensures that the terms and conditions set out in the agreement will be legally binding and enforceable, providing clarity and stability for both the employer and the workforce in the offshore construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established