Kuiper Australia Pty Ltd

[2020] FWCA 6382

[2020] FWCA 6382

FAIR WORK COMMISSION

DECISION

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

Kuiper Australia Pty Ltd
(AG2020/3329)

KUIPER AUSTRALIA PTY LTD AMWU, AWU AND ETU OFFSHORE VICTORIA GREENFIELDS CONSTRUCTION PROJECTS AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 26 NOVEMBER 2020

Application for approval of the Kuiper Australia Pty Ltd AMWU, AWU and ETU Offshore Victoria Greenfields Construction Projects Agreement 2020-2023.

[1] This is a greenfields agreement that meets the requirements of section 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), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Workers’ Union (AWU) 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.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU, CEPU and AWU and that the Agreement covers these organisations.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 7.4;

•  Clause 7.6.1;

•  Clause 19; and

•  Clause 20.1.

[5] However, noting clause 4.4 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 26 November 2020 and, in accordance with s.54, will operate from 3 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A: