M&B Rigging Australia Mining Pty Ltd ATF M&B Rigging Australia Mining Trust Summary

[2013] FWCA 2231

FAIR WORK COMMISSION

DECISION

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

M&B Rigging Australia Mining Pty Ltd ATF M&B Rigging Australia Mining Trust
(AG2013/840)

M&B RIGGING AUSTRALIA MINING PTY LTD-AUSTRALIA PACIFIC LNG PROJECTS UNION AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 APRIL 2013

Application for approval of the M&B Rigging Australia Mining Pty Ltd-Australia Pacific LNG Projects Union Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 April 2013 by M&B Rigging Australia Mining Pty Ltd ATF M&B Rigging Australia Mining Trust for the approval of a Greenfields agreement known as the M&B Rigging Australia Mining Pty Ltd-Australia Pacific LNG Projects Union Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Acting Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

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”); and

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

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved M&B Rigging Australia Mining Pty Ltd, seeking approval for the M&B Rigging Australia Mining Pty Ltd-Australia Pacific LNG Projects Union Agreement. The dispute was heard in the Fair Work Commission, which was tasked with approving the agreement under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the criteria for approval as a registered union agreement, specifically focusing on the process by which the agreement was made and the protections it provided to employees.

The Fair Work Commission examined whether the agreement was made in accordance with the procedures set out in the Fair Work Act and whether it contained the necessary minimum terms and conditions. The Commission also considered the balance of power between the employer and the union in the negotiation process, ensuring that the agreement was not made under duress or in a manner that disadvantaged employees. Additionally, the Commission reviewed whether the agreement provided adequate protections for employees, including provisions related to wages, hours of work, and other employment conditions.

In its decision, the Fair Work Commission found that the agreement was made in compliance with the statutory requirements and provided sufficient protections for employees. The Commission noted that the negotiation process was transparent and that the agreement contained all the necessary minimum terms and conditions. Furthermore, the Commission determined that the balance of power between the parties was appropriate and that the agreement did not disadvantage employees. As a result, the Commission approved the M&B Rigging Australia Mining Pty Ltd-Australia Pacific LNG Projects Union Agreement, deeming it to be a registered union agreement under the Fair Work Act.

The Fair Work Commission's final order was the approval of the M&B Rigging Australia Mining Pty Ltd-Australia Pacific LNG Projects Union Agreement as a registered union agreement. This decision allowed the agreement to be enforced under the Fair Work Act, providing a framework for the employment relationship between M&B Rigging Australia Mining Pty Ltd and its employees. The Commission's approval signified that the agreement met the necessary legal standards and provided adequate protections for the employees involved.

M&B Rigging Australia Mining Pty Ltd ATF M&B Rigging Australia Mining Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established