| [2024] FWCA 1998 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Kuiper Australia Pty Ltd
(AG2024/1725)
KUIPER AUSTRALIA PTY LTD AMWU, AWU AND ETU OFFSHORE VICTORIA GREENFIELDS CONSTRUCTION PROJECTS AGREEMENT 2024 - 2027
| Oil and gas industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 31 MAY 2024 |
Application for approval of the Kuiper Australia Pty Ltd AMWU, AWU and ETU Offshore Victoria Greenfields Construction Projects Agreement 2024 - 2027
Kuiper Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Kuiper Australia Pty Ltd AMWU, AWU and ETU Offshore Victoria Greenfields Construction Projects Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).
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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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. I am also satisfied that it is in the public interest to approve the Agreement.
I note that the Agreement was made with the AMWU, the AWU and the CEPU, and therefore covers these organisations (see s 53(2)(b)).
The Agreement was approved on 31 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE524842 PR775553>
- AGLC
- Kuiper Australia Pty Ltd [2024] FWCA 1998
- Case
- [2024] FWCA 1998
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement met the requirements for approval under section 235 of the Fair Work Act, which mandates that registered organisations must not enter into an enterprise agreement unless it has been approved by the Fair Work Commission. The Commission had to assess if the agreement was in the best interests of the employees, provided adequate protection for employees, and did not unfairly discriminate against any group of employees. Additionally, the Commission needed to determine if the agreement's dispute resolution procedures were fair and effective.
The Commission found that the proposed agreement was comprehensive and addressed the key areas of wages, working conditions, and dispute resolution in a manner that was fair and reasonable. The agreement provided for a structured wage progression, appropriate leave entitlements, and a detailed dispute resolution process that included both internal and external avenues. The Commission concluded that the agreement met all statutory requirements and was in the best interests of the employees. Therefore, the Commission approved the agreement under section 235 of the Fair Work Act.
The final orders of the Commission included the approval of the Kuiper Australia Pty Ltd AMWU, AWU and ETU Offshore Victoria Greenfields Construction Projects Agreement 2024 - 2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms. The decision underscored the importance of ensuring that enterprise agreements not only comply with legislative requirements but also promote fair and effective workplace practices.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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