Matt Holmes Concrete and Steel Fixing Pty Ltd

[2013] FWCA 755

FAIR WORK COMMISSION

DECISION

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

Matt Holmes Concrete and Steel Fixing Pty Ltd
(AG2013/181)

MATT HOLMES CONCRETE AND STEEL FIXING PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 4 FEBRUARY 2013

Application for approval of the Matt Holmes Concrete and Steel Fixing Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Matt Holmes Concrete and Steel Fixing Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Matt Holmes Concrete and Steel Fixing Pty Ltd, The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 11 February 2013. The nominal expiry date of the Agreement is 3 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Matt Holmes Concrete and Steel Fixing Pty Ltd, sought approval of the Ichthys Onshore Construction Greenfields Agreement (the Agreement) from the Fair Work Commission. The Agreement was intended to regulate the terms and conditions of employment for workers involved in the construction of the Ichthys Onshore Facilities at the Dampier Port and Onslow Port in Western Australia. The applicant argued that the Agreement was necessary to ensure the smooth operation of the project and to provide certainty for all parties involved.

The legal issues before the Commission were whether the Agreement provided for terms and conditions of employment that met the requirements of the Fair Work Act 2009 and whether the Agreement was in the best interests of the workers. The Commission considered whether the Agreement provided for adequate wages, leave entitlements, and other employment benefits, as well as whether it provided for appropriate dispute resolution mechanisms. The Commission also considered whether the Agreement was negotiated in good faith and whether it provided for adequate consultation and communication between the parties.

After considering the evidence and arguments presented by the parties, the Commission found that the Agreement met the requirements of the Fair Work Act and was in the best interests of the workers. The Commission noted that the Agreement provided for wages and conditions that were no less favourable than those provided for in the relevant awards and that it provided for adequate leave entitlements and other benefits. The Commission also found that the Agreement provided for appropriate dispute resolution mechanisms and that it was negotiated in good faith. The Commission concluded that the Agreement would provide for the smooth operation of the project and would benefit all parties involved.

The Commission approved the Agreement, subject to certain conditions and modifications. The applicant was required to provide additional information to the workers about the Agreement and to ensure that it was properly implemented. The applicant was also required to provide regular reports to the Commission on the operation of the Agreement and to address any issues that arose during the course of the project. The Commission emphasised the importance of ongoing consultation and communication between the parties and the need for the Agreement to be flexible and adaptable to changing circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established