Marine & Civil Pty Ltd Summary

[2014] FWCA 3812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marine & Civil Pty Ltd
(AG2014/6320)

THE MARINE & CIVIL PTY LTD AND CFMEU DAMPIER FLOATING DECK PROJECT GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 JULY 2014

Application for approval of The Marine & Civil Pty Ltd CFMEU Dampier Floating Deck Project Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Marine & Civil Pty Ltd CFMEU Dampier Floating Deck Project Greenfield Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Marine & Civil Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute revolves around the application for approval of the Marine & Civil Pty Ltd CFMEU Dampier Floating Deck Project Greenfield Agreement 2014. The Federal Court of Australia was the tribunal tasked with deciding on this matter.

The primary legal issue the court needed to address was whether the agreement in question complied with the requirements of the Fair Work Act 2009. This involved examining if the agreement met the criteria for a greenfield agreement, specifically if it was made in good faith and if it provided for the orderly establishment or transfer of an enterprise. Additionally, the court had to assess if the agreement adequately addressed the terms and conditions of employment for the employees involved.

The Federal Court found that the agreement was indeed made in good faith and provided for the orderly establishment of the enterprise. The court also determined that the agreement sufficiently addressed the terms and conditions of employment. Consequently, the court approved the agreement, finding it to be in compliance with the Fair Work Act 2009. The decision was based on the evidence presented and the legal principles governing greenfield agreements.

As a result of the court's decision, the Marine & Civil Pty Ltd CFMEU Dampier Floating Deck Project Greenfield Agreement 2014 was approved and deemed to be legally binding. This outcome ensures that the terms and conditions set out in the agreement will govern the employment relationship between Marine & Civil Pty Ltd and the CFMEU in relation to the specified project.

Marine & Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established