MAS Australasia Pty Ltd

[2014] FWCA 7999

FAIR WORK COMMISSION

DECISION

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

MAS Australasia Pty Ltd
(AG2014/9571)

MAS AUSTRALASIA PTY LTD (WOODSIDE) ONSHORE AND OFFSHORE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the MAS Australasia Pty Ltd (Woodside) Onshore and Offshore Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MAS Australasia Pty Ltd (Woodside) Onshore and Offshore Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by MAS Australasia Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] I am satisfied that The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisations to be covered by the agreement, 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.

[4] The Agreement was approved on 10 November 2014 and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 17 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) brought an application against MAS Australasia Pty Ltd (MAS) for the approval of the MAS Australasia Pty Ltd (Woodside) Onshore and Offshore Agreement 2014. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically concerning the classification and pay rates for certain employees.

The legal issues before the Commission were whether the proposed agreement was in accordance with the requirements of the Fair Work Act 2009 and whether it complied with the principles of procedural and substantive fairness. Key points of contention included the classification of roles within the agreement and the fairness of the proposed pay rates for employees.

The Commission considered the evidence and submissions from both parties, evaluating the proposed agreement against the statutory requirements and fairness principles. It was found that the proposed agreement was procedurally fair as it had been subject to good faith bargaining between the parties. However, the substantive fairness of the agreement was contentious, particularly regarding the classification of certain employees and their pay rates. The Commission ultimately approved the agreement, finding that it met the necessary criteria for substantive fairness, including the protection of employee interests and the provision of a safety net of minimum terms and conditions.

MAS Australasia Pty Ltd (Woodside) Onshore and Offshore Agreement 2014 is approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established