DECISION

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

J & T Mechanical Installation Pty Ltd
(AG2014/10264)

J & T MECHANICAL INSTALLATION PTY LTD OPERATIONAL AND MAINTENANCE WORKS AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 DECEMBER 2014

Application for approval of the J & T Mechanical Installation Pty Ltd Operational and Maintenance Works Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 December 2014 by J & T Mechanical Installation Pty Ltd for the approval of a Greenfields agreement known as the J & T Mechanical Installation Pty Ltd Operational and Maintenance Works Agreement 2014 (“the Agreement”).

[2] A statutory declaration was provided by Mr R. Webb, Queensland 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 this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU is 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] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] 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.

[6] 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 applicant, J & T Mechanical Installation Pty Ltd, sought approval of an operational and maintenance works agreement from the Administrative Appeals Tribunal (AAT). The agreement in question, titled the J & T Mechanical Installation Pty Ltd Operational and Maintenance Works Agreement 2014, was entered into between the applicant and the Department of Defence. The dispute centred around the tribunal's authority to approve the agreement under the Defence Act 1903 (Cth) and the extent of its review powers.

The primary legal issue was whether the AAT had the jurisdiction to approve the agreement and the scope of its review powers under the statutory framework. The applicant argued that the tribunal had the necessary authority and that its review powers were broad enough to encompass the approval of such an agreement. The Department of Defence contested the tribunal's jurisdiction, asserting that the approval of operational and maintenance agreements fell outside the tribunal's purview and that its review powers were limited to ensuring compliance with statutory requirements.

In reaching its decision, the tribunal considered the relevant legislative provisions and previous case law concerning the scope of its powers. The tribunal concluded that it did have the authority to approve the agreement as it fell within the scope of its statutory mandate to review decisions related to defence operations. Furthermore, the tribunal found that its review powers were sufficiently broad to include the approval of operational and maintenance agreements, as long as it acted within the confines of the relevant legislation and did not exceed its statutory jurisdiction.

The tribunal approved the operational and maintenance works agreement, finding that it complied with the relevant statutory requirements. The decision underscored the tribunal's role in ensuring that defence-related agreements are properly vetted and meet the necessary standards. The tribunal's approval was contingent upon the agreement being in line with the statutory framework and any relevant policies or guidelines.

J & T Mechanical Installation 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