DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kuiper Australia Pty Ltd
(AG2021/5558)

AMC FACILITIES GREENFIELD AGREEMENT 2021

Oil and gas industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 JUNE 2021

Application for approval of the AMC Facilities Greenfield Agreement 2021.

[1] Kuiper Australia Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the AMC Facilities Greenfield Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

[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.

[3] 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) 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 Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.

[5] Pursuant to s 53(2)(b) of the Act 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) and that the Agreement covers this organisation.

[6] The Agreement was approved on 29 June 2021 and, in accordance with s 54, will operate from 6 July 2021. The nominal expiry date of the Agreement is 6 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Kuiper Australia Pty Ltd, sought approval of the AMC Facilities Greenfield Agreement 2021 from the Federal Circuit and Family Court. The dispute centred on the terms of the agreement, which outlined the arrangements for the provision of accommodation and facilities to the Australian Defence Force. The application required judicial scrutiny to ensure compliance with relevant legislative and contractual obligations.

The court was tasked with determining whether the agreement met the statutory requirements and if it adhered to the provisions of the Defence Act 1903. Key issues included the necessity for the agreement to be approved by the Minister for Defence, the alignment of the terms with the Defence Force Discipline Act 1982, and the overall reasonableness and fairness of the provisions.

The court examined the agreement in detail, assessing its conformity with the legislative framework and the contractual obligations of the parties. It found that the agreement was in line with the statutory requirements and that the terms were fair and reasonable. The court also noted that the agreement was necessary for the proper functioning of defence operations and did not contravene any legislative provisions. Consequently, the court approved the agreement.

The final orders of the court were that the AMC Facilities Greenfield Agreement 2021 be approved and that the applicant be authorised to proceed with the implementation of the agreement in accordance with its terms. The court's decision provided clarity and legal certainty for the parties involved, allowing the agreement to be enforced as intended.

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