DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kuiper Australia Pty Ltd
(AG2015/5428)

KUIPER AUSTRALIA PTY LTD ONSHORE AND OFFSHORE GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Kuiper Australia Pty Ltd Onshore and Offshore Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Kuiper Australia Pty Ltd Onshore and Offshore Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Kuiper Australia Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Workers’ Union and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kuiper Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under section 172 of the Fair Work Act 2009. The agreement, if approved, would cover employees of Kuiper Australia who are involved in the exploration, evaluation, and development of oil and gas fields. The dispute involved whether the agreement complied with the legal requirements for such agreements and whether it was made in good faith and without coercion.

The key legal issues before the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act, whether it was made in good faith, and whether it contained all the mandatory terms and conditions that are required by law. The Commission needed to assess if the agreement met the standards of simplicity, clarity, and accessibility, and if it contained any provisions that were contrary to public policy.

In reaching its decision, the Commission found that the agreement was procedurally valid and had been made in good faith. The agreement was deemed to be clear, simple, and accessible to the employees it covered. The Commission also found that the agreement contained all the mandatory terms and conditions required by the Fair Work Act and did not include any provisions that were contrary to public policy. Consequently, the Commission approved the agreement, stating that it met all the necessary legal requirements.

The final orders of the Commission were that the Kuiper Australia Pty Ltd Onshore and Offshore Greenfields Agreement 2015 be approved as a registered agreement under the Fair Work Act. The approved agreement would then be binding on the parties it covered, effective from the date of the Commission's approval.

Kuiper Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established