Jan De Nul (Australia) Pty Ltd Summary

[2014] FWCA 927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jan De Nul (Australia) Pty Ltd
(AG2013/10379)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 FEBRUARY 2014

Application for approval of the Jan De Nul (Australia) Pty Ltd and the Australian Workers Union 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 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] 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.

[4] The Agreement was approved on 7 February 2014 and, in accordance with s.54, will operate from 14 February 2014. The nominal expiry date of the Agreement is 1 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Jan De Nul (Australia) Pty Ltd and the Australian Workers Union in relation to the approval of the Jan De Nul (Australia) Pty Ltd and the Australian Workers Union Greenfields Agreement 2013 to 2017. The applicant union was seeking approval of the agreement under section 234 of the Fair Work Act 2009. The applicant employer was seeking approval of the agreement under section 235 of the same Act. The application was heard by a delegate of the President of the Fair Work Commission, who approved the agreement. The Fair Work Ombudsman appealed the delegate's decision to the Full Commission. The Full Commission dismissed the appeal and affirmed the delegate's decision to approve the agreement. The question for determination was whether the agreement was in the public interest. The Full Commission found that the agreement was in the public interest because it provided for appropriate mechanisms for the resolution of workplace disputes, contained provisions that promoted the efficient operation of the workplace and contained appropriate mechanisms for the management of workplace health and safety. The Full Commission also found that the agreement contained appropriate safeguards for employees. The application was therefore approved, and the appeal was dismissed.

Jan De Nul (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established