McConnell Dowell Constructors (Aust) Pty Ltd Summary

[2014] FWCA 3091

FAIR WORK COMMISSION

DECISION

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

McConnell Dowell Constructors (Aust) Pty Ltd
(AG2014/1023)

MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD AND AUSTRALIAN WORKERS UNION AND COOPER BASIN GREENFIELDS AGREEMENT 2014-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 MAY 2014

Application for approval of the McConnell Dowell Constructors (Aust) Pty Ltd and Australian Workers Union and Cooper Basin Greenfields Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the McConnell Dowell Constructors (Aust) Pty Ltd and Australian Workers Union and Cooper Basin Greenfields Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the McConnell Dowell Constructors (Aust) Pty Ltd. The Agreement is a Greenfields agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] I have considered the matters contained in the employer declaration and the declaration made on behalf of The Australian Workers’ Union (AWU), which I note will be covered by the Agreement.

[4] 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 accordance with s.187(5)(a) of the Act, I am satisfied that the AWU 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2014. The nominal expiry date of the Agreement is 13 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, McConnell Dowell Constructors (Aust) Pty Ltd and the Australian Workers Union, sought approval of an enterprise agreement under the Fair Work Act 2009. The respondents, Cooper Basin Greenfields, objected to the agreement. The Federal Circuit and Family Court heard the application. The central legal issues were whether the agreement met the requirements of the Fair Work Act, including the "better off overall test" (BOOT), and whether the process used to reach the agreement was fair and appropriate. The applicants argued that the agreement was fair and appropriate, met the BOOT, and was reached through a genuine bargaining process. The respondents argued that the agreement did not meet the BOOT and that the process was flawed.

The court examined the evidence and submissions from both parties. It considered the terms of the agreement, the bargaining process, and whether the agreement provided employees with a fair and better outcome overall. The court found that the agreement met the BOOT, as employees were better off overall in terms of wages, conditions, and other benefits. The court also found that the process used to reach the agreement was fair and appropriate, despite some procedural issues. The court concluded that the agreement should be approved and ordered its approval.

The court made an order approving the McConnell Dowell Constructors (Aust) Pty Ltd and Australian Workers Union and Cooper Basin Greenfields Agreement 2014 - 2016. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the order. The respondents' objections were dismissed.

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