DECISION

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

Kuiper Australia Pty Ltd
(AG2018/6160)

KUIPER AUSTRALIA PTY LTD PLUTO WATER HANDLING UNIT MAINTENANCE GREENFIELDS AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Kuiper Australia Pty Ltd Pluto Water Handling Unit Maintenance Greenfields Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Kuiper Australia Pty Ltd Pluto Water Handling Unit Maintenance Greenfields Agreement 2018 (the Agreement). The application was made by Kuiper Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 3 February 2022.

DEPUTY PRESIDENT

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 the Kuiper Australia Pty Ltd Pluto Water Handling Unit Maintenance Greenfields Agreement 2018. The applicant and the Australian Manufacturing Workers' Union were the parties to the agreement. The union represented workers employed by the applicant to perform maintenance services at a water treatment plant. The union contended that the agreement should not be approved because it did not include an appropriate mechanism to enable resolution of workplace disputes. The applicant argued that the agreement provided an appropriate mechanism by including a dispute resolution process. The dispute was whether the agreement provided an appropriate mechanism to enable resolution of workplace disputes.

The commission found that the agreement did not provide an appropriate mechanism to enable resolution of workplace disputes. The union had not agreed to the inclusion of a dispute resolution process. The commission found that the union's signature on the agreement was a consequence of the applicant's conduct. The applicant had exercised undue influence over the union in circumstances that undermined the union's ability to act in the best interests of its members. The commission concluded that the agreement did not provide an appropriate mechanism to enable resolution of workplace disputes. The commission did not grant approval of the agreement.

The commission ordered that the application for approval of the agreement be dismissed.

Kuiper Australia Pty Ltd

DECISION

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