JP Piping Systems Pty Ltd Summary

[2013] FWCA 1703

FAIR WORK COMMISSION

DECISION

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

JP Piping Systems Pty Ltd
(AG2013/5539)

JP PIPING SYSTEMS CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 MARCH 2013

Application for approval of the JP Piping Systems Caval Ridge Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 March 2013 by JP Piping Systems Pty Ltd for the approval of a Greenfields agreement known as the JP Piping Systems Caval Ridge Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

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”); 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 CFMEU, AMWU 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 21 March 2013 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 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

JP Piping Systems Pty Ltd sought approval for the JP Piping Systems Caval Ridge Project Union Greenfields Agreement from the Fair Work Commission. The applicant, a manufacturer of plastic piping, entered into an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union. The union sought approval of the agreement, which was intended to govern the employment conditions of workers at the Caval Ridge Project in Queensland. The legal issues before the commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, including whether it was in the best interests of the employees and whether it was made in good faith and without coercion. The commission considered the evidence presented by both parties, including submissions on the bargaining process and the content of the agreement. It found that the agreement was made in good faith and without coercion and that it was in the best interests of the employees. The commission also found that the agreement complied with the relevant statutory requirements. As a result, the commission approved the agreement. The approval will govern the employment conditions of workers at the Caval Ridge Project.

JP Piping Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established