MAS Australasia Pty Ltd

[2014] FWCA 4237

FAIR WORK COMMISSION

DECISION

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

MAS Australasia Pty Ltd
(AG2014/1450)

MAS ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 26 JUNE 2014

Application for approval of the MAS Australasia Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the MAS Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 3 July 2014. The nominal expiry date of the Agreement is 3 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were MAS Australasia Pty Ltd, the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the respondent. The dispute arose from an application for approval of the MAS Australasia Pty Ltd Ichthys Onshore Construction Greenfields Agreement, which was sought by the applicant and opposed by the respondent. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement was in the best interests of the employees. The respondent argued that the agreement was not in the best interests of the employees, citing concerns about the terms and conditions of employment, particularly in relation to pay rates and work hours. The applicant contended that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment.

The Commission considered the evidence and submissions presented by both parties. It found that the proposed agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and took into account the needs of both the employer and the employees. The Commission also noted that the agreement provided for a dispute resolution process, which was an important factor in determining whether the agreement was in the best interests of the employees.

In light of its findings, the Commission approved the proposed agreement. The applicant was authorised to implement the agreement, subject to certain conditions and requirements, including the provision of notice to affected employees and the establishment of a dispute resolution process. The Commission's decision was based on a careful consideration of the evidence and submissions presented by both parties, and reflected its commitment to promoting fair and reasonable industrial relations outcomes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established