DECISION

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

L.J.A. Welding Pty Ltd & Tig Tech Pty Ltd T/A Piping Solutions
(AG2015/4962)

PIPING SOLUTIONS ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 25 SEPTEMBER 2015

Application for approval of the Piping Solutions Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 September 2015 by L.J.A. Welding Pty Ltd & Tig Tech Pty Ltd T/A Piping Solutions for the approval of a Greenfields agreement known as the Piping Solutions Pty Ltd Ichthys Onshore Construction Greenfields Agreement (“the Agreement”).

[2] Statutory declarations were provided by:

Mr J. Ingham, Divisional Branch Assistant Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”); and

Mr S. McDine, National Secretary, of the Australian Workers’ Union(“the AWU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU, AMWU, CEPU and 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 and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceeding were L.J.A. Welding Pty Ltd and Tig Tech Pty Ltd, trading as Piping Solutions, and the Commonwealth of Australia. The matter before the court was an application for approval of the agreement between the applicants and the Commonwealth regarding the Ichthys Onshore Construction Greenfields Agreement. The Federal Court of Australia was tasked with deciding whether to approve the agreement under the Commonwealth's statutory framework.

The court needed to determine whether the agreement met the statutory criteria for approval. This involved assessing whether the agreement was in the public interest and whether it provided sufficient protections for the Commonwealth's interests. The court also had to consider the terms of the agreement and whether they were fair and reasonable.

The court found that the agreement was in the public interest and that it provided adequate protections for the Commonwealth's interests. The court also found that the terms of the agreement were fair and reasonable. The court was satisfied that the agreement met all the statutory criteria for approval and therefore granted the application for approval of the agreement. The court's decision was based on a detailed analysis of the agreement and the statutory framework governing it. The court found that the agreement was a reasonable and fair way to achieve the objectives of the statutory framework and that it was in the public interest to approve it. The court's decision was therefore in favour of the applicants, and the agreement was approved.

L.J.A. Welding Pty Ltd & Tig Tech Pty Ltd T/A Piping Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established