McConnell Dowell Constructors (Aust) Pty Ltd Summary

[2013] FWCA 4884

FAIR WORK COMMISSION

DECISION

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

McConnell Dowell Constructors (Aust) Pty Ltd
(AG2013/1950)

MCCONNELL DOWELL CONSTRUCTORS (AUST.) PTY LTD APLNG UPSTREAM PROJECT UNION GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 22 JULY 2013

Application for approval of the McConnell Dowell Constructors (Aust.) Pty Ltd APLNG Upstream Project Union Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 July 2013 by McConnell Dowell Constructors (Aust) Pty Ltd for the approval of a Greenfields agreement known as the McConnell Dowell Constructors (Aust.) Pty Ltd APLNG Upstream Project Union Greenfields Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr B. Devlin, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] On 22 July 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of McConnell Dowell Constructors (Aust) Pty Ltd, the Fair Work Commission was presented with an application for the approval of the APLNG Upstream Project Union Greenfields Agreement 2013. The applicant, McConnell Dowell Constructors, sought the commission's approval for this agreement, which was intended to govern the employment conditions of workers involved in the APLNG Upstream Project. The dispute centred around the terms of the agreement and whether it complied with the relevant industrial legislation.

The central legal issues before the commission were whether the agreement provided adequate protections for employees and whether it adhered to the provisions of the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement met the requirements for a 'registered agreement' under the act, including whether it was made in good faith and if it provided for fair and reasonable terms and conditions of employment.

The commission found that the agreement met the criteria for a registered agreement. It was concluded that the agreement was made in good faith, and the terms and conditions were fair and reasonable. The commission noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, penalty rates, and leave entitlements. Furthermore, the commission was satisfied that the agreement adhered to the relevant provisions of the Fair Work Act 2009.

Consequently, the commission approved the APLNG Upstream Project Union Greenfields Agreement 2013, determining that it complied with the necessary legal requirements. The decision affirmed that the agreement would govern the employment conditions of workers involved in the APLNG Upstream Project, providing them with the protections and entitlements stipulated in the agreement.

McConnell Dowell Constructors (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established