Lindacorp Pty Ltd T/A Pirtek Hose Services Centre (Mackay) Summary

[2014] FWCA 6335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lindacorp Pty Ltd T/A Pirtek Hose Services Centre (Mackay)
(AG2014/7199)

PIRTEK HAY POINT EXPANSION 3 PROJECT UNION GREENFIELD AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the PIRTEK Hay Point Expansion 3 Project Union Greenfield Agreement.

[1] An application has been made for approval of an enterprise agreement known as the PIRTEK Hay Point Expansion 3 Project Union Greenfield Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by Lindacorp Pty Ltd t/a Pirtek Hose Services Centre (Mackay) and nominates the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing Allied Services Union of Australia (CEPU), the Construction, Forestry, Mining and Energy Union (CFMEU), and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

[3] The Agreement was lodged within 14 days after it was made.

[4] 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 particular, I am satisfied that the CEPU, CFMEU and AMWU 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.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 30 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lindacorp Pty Ltd, trading as Pirtek Hose Services Centre (Mackay), sought approval of a Union Greenfield Agreement for the Hay Point Expansion 3 Project. The application was brought before the Fair Work Commission (FWC), which had the authority to approve the agreement under the Fair Work Act 2009. The Union, Australian Manufacturing Workers Union Queensland Branch, sought to have the agreement recognised as a certified agreement, which would allow it to operate in lieu of a traditional enterprise agreement.

The central legal issue before the FWC was whether the Union Greenfield Agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the FWC had to determine if the agreement was genuinely negotiated and if it provided for terms and conditions of employment that were fair and reasonable. The FWC also had to consider whether the agreement was likely to lead to improved productivity, efficiency, and profitability in the workplace.

In its decision, the FWC found that the Union Greenfield Agreement was genuinely negotiated and met the statutory criteria for approval. The FWC noted that the agreement provided for a number of benefits for employees, including a wage increase and improved conditions of employment. The FWC also found that the agreement was likely to lead to improved productivity and profitability in the workplace. Accordingly, the FWC approved the Union Greenfield Agreement and certified it as a registered agreement under the Fair Work Act. This decision allows the agreement to operate in lieu of a traditional enterprise agreement, providing a framework for the terms and conditions of employment for employees covered by the agreement.

Lindacorp Pty Ltd T/A Pirtek Hose Services Centre (Mackay)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established