JP Pipe and Steel Administration Pty Ltd

[2014] FWCA 466

[2014] FWCA 466

FAIR WORK COMMISSION

DECISION

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

JP Pipe and Steel Administration Pty Ltd
(AG2013/10383)

JP PIPE & STEEL MACKAY PTY LTD QCLNG PROJECT UPSTREAM WORKS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 FEBRUARY 2014

Application for approval of the JP Pipe & Steel Mackay Pty Ltd QCLNG Project Upstream Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 9 December 2013 by JP Pipe and Steel Administration Pty Ltd for the approval of a Greenfields agreement known as the JP Pipe & Steel Mackay Pty Ltd QCLNG Project Upstream Works Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

• Mr B. Devlin, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);



• Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and



• Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] On 6 February 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] Finally, I note that the application of this Agreement (as with all agreements) is subject to the operation of s.58 of the Act. As such, I note the existence and operation of the JP Pipe & Steel Mackay Pty Ltd QCLNG Project Upstream Works Agreement (AE402664), which was approved by the Commission on 26 July 2013.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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