Jan De Nul (Australia) Pty Ltd

[2014] FWCA 3253

FAIR WORK COMMISSION

DECISION

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

Jan De Nul (Australia) Pty Ltd
(AG2014/1026)

JAN DE NUL (AUSTRALIA) PTY LTD AND THE AUSTRALIAN MANUFACTURING WORKERS UNION GREENFIELDS AGREEMENT 2013 TO 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 MAY 2014

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

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 May 2014 by Jan De Nul (Australia) Pty Ltd for the approval of a Greenfields agreement known as the Jan De Nul (Australia) Pty Ltd and the Australian Manufacturing Workers Union Greenfields Agreement 2013 to 2017(“the Agreement”).

[2] A statutory declaration was 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”).

[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] On 23 May 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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 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.

[7] 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

Jan De Nul (Australia) Pty Ltd recently brought an application before the Fair Work Commission for the approval of the Jan De Nul (Australia) Pty Ltd and the Australian Manufacturing Workers Union Greenfields Agreement 2013 to 2017. The applicant sought the approval of the agreement, which would cover employees who are currently employed by the respondent and will be employed by the respondent in the future. The dispute arose from the application of the agreement, as the applicant sought to have the agreement approved by the Fair Work Commission, and the respondent opposed the approval of the agreement. The Fair Work Commission was required to decide whether the agreement should be approved, taking into account the statutory requirements and the principles of good faith bargaining. The Commission considered the application and the evidence provided by the parties and concluded that the agreement should be approved. The Commission found that the agreement met the statutory requirements and that the parties had engaged in good faith bargaining. The Commission also found that the agreement was fair and reasonable and that it would promote the objects of the Fair Work Act 2009. The Commission approved the agreement, subject to certain conditions, and the applicant's application was successful.

The Commission's decision provides guidance on the requirements for the approval of an enterprise agreement and the importance of good faith bargaining. The decision highlights the need for parties to engage in meaningful discussions and to make genuine efforts to reach an agreement. The decision also emphasises the importance of the objects of the Fair Work Act 2009, which include promoting high levels of employment and protecting employees' rights and interests. The decision provides valuable insights into the Commission's approach to the approval of enterprise agreements and will be of interest to employers, employees, and their representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established