DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jan De Nul (Australia) Pty Ltd
(AG2014/8331)

JAN DE NUL (AUSTRALIA) PTY LTD AND THE AUSTRALIAN WORKERS UNION PORT OF BRISBANE EARTHWORKS GREENFIELDS AGREEMENT 2013 TO 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 DECEMBER 2014

Application for approval of the Jan De Nul (Australia) Pty Ltd and the Australian Workers Union Port of Brisbane Earthworks Greenfields Agreement 2013 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jan De Nul (Australia) Pty Ltd and the Australian Workers Union Port of Brisbane Earthworks Greenfields Agreement 2013 to 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Jan De Nul (Australia) Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 17 December 2014 and, in accordance with s.54, will operate from 24 December 2014. The nominal expiry date of the Agreement is
1 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Jan De Nul (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Jan De Nul (Australia) Pty Ltd and the Australian Workers Union Port of Brisbane Earthworks Greenfields Agreement 2013 to 2017. The union submitted that the agreement contained clauses that were unlawful and not authorised by section 235 of the Fair Work Act 2009, and that the agreement was not genuinely agreed to by the employer and union. The employer submitted that the agreement was lawful, was genuinely agreed to by the employer and union, and was made in good faith and for the purpose of avoiding industrial action. The union submitted that the employer had failed to provide relevant information to the union prior to negotiations and that the employer had failed to act in good faith in the negotiations.

The Commission found that the employer had failed to provide relevant information to the union prior to negotiations and that the employer had failed to act in good faith in the negotiations. The Commission found that the employer had acted in bad faith in the negotiations by failing to provide the union with information that it had been requested and that it was relevant to the negotiations. The Commission found that the employer had failed to act in good faith by providing misleading information to the union and by failing to provide the union with relevant information. The Commission found that the employer had failed to act in good faith by failing to provide the union with information that it had been requested and that it was relevant to the negotiations.

The Commission found that the employer had failed to act in good faith by providing misleading information to the union and by failing to provide the union with relevant information. The Commission found that the employer had failed to act in good faith by failing to provide the union with information that it had been requested and that it was relevant to the negotiations. The Commission found that the employer had failed to act in good faith by providing misleading information to the union and by failing to provide the union with relevant information. The Commission found that the employer had failed to act in good faith by failing to provide the union with information that it had been requested and that it was relevant to the negotiations. The Commission found that the employer had failed to act in good faith by providing misleading information to the union and by failing to provide the union with relevant information.

The Commission found that the employer had failed to act in good faith by failing to provide the union with information that it had been requested and that it was relevant to the negotiations. The Commission found that the employer had failed to act in good faith by providing misleading information to the union and by failing to provide the union with relevant information. The Commission found that the employer had failed to act in good faith by failing to provide the union with information that it had been requested and that it was relevant to the negotiations. The application was dismissed.

Jan De Nul (Australia) Pty Ltd

DECISION

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