Marine & Civil Pty Ltd

[2013] FWCA 7526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marine & Civil Pty Ltd
(AG2013/9408)

MARINE & CIVIL PTY LTD - CFMEU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 OCTOBER 2013

Application for approval of the Marine & Civil Pty Ltd - CFMEU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Marine & Civil Pty Ltd - CFMEU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (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 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Marine & Civil Pty Ltd applied to the Fair Work Commission for approval of an agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) relating to the Gorgon Project on Barrow Island. The application followed a series of negotiations between the parties, which aimed to establish a Greenfields Agreement to govern employment conditions and terms for the project. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements for a Greenfields Agreement under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for appropriate mechanisms to ensure the safety of workers, the protection of the environment, and the efficient operation of the project. Additionally, the Commission examined whether the agreement adequately addressed the need for a cooperative and productive industrial relationship between the parties.

In reaching its decision, the Commission carefully reviewed the terms of the proposed agreement and considered submissions from both Marine & Civil Pty Ltd and the CFMEU. The Commission determined that the agreement contained provisions that adequately addressed the statutory requirements for a Greenfields Agreement. It found that the agreement provided for effective mechanisms to ensure worker safety, environmental protection, and efficient project operation. Furthermore, the Commission was satisfied that the agreement fostered a cooperative and productive industrial relationship between the parties, as evidenced by the parties' willingness to negotiate and reach a comprehensive agreement.

As a result, the Commission approved the proposed agreement, subject to certain conditions to ensure ongoing compliance with the statutory requirements. The conditions included regular reporting on the implementation of the agreement and the maintenance of effective communication channels between the parties. This decision allowed the Gorgon Project to proceed with the agreed employment conditions and terms, ensuring a stable and productive industrial environment for the duration of the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established