McConnell Dowell Constructors (Aust) Pty Ltd Summary

[2014] FWCA 2067

The attached document replaces the document previously issued with the above code on 28

March 2014.

A typographical error in the agreement title has been amended.

Yota Amanatidis

Associate to Deputy President Gooley

Dated 28 March 2014
[2014] FWCA 2067

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd

(AG2014/666)

MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD AND

THE AUSTRALIAN WORKERS UNION WOLLERT TO WANDONG

PIPELINE PROJECT GREENFIELDS AGREEMENT 2014-2015

Building, metal and civil construction industries

DEPUTY PRESIDENT GOOLEY

MELBOURNE, 28 MARCH 2014

Application for approval of the McConnell Dowell Constructors (Aust) Pty Ltd and The Australian Workers Union Wollert to Wandong Pipeline Project Greenfields Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the

McConnell Dowell Constructors (Aust) Pty Ltd and The Australian Workers Union Wollert to

Wandong Pipeline Project Greenfields Agreement 2014-2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McConnell Dowell Constructors (Aust) 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, the employee organisation to be covered by the agreement, is 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 28 March 2014 and, in accordance with s.54, will

operate from 4 April 2014. The nominal expiry date of the Agreement is 17 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McConnell Dowell Constructors (Aust) Pty Ltd and The Australian Workers Union Wollert to Wandong Pipeline Project Greenfields Agreement 2014-2015 application was heard by the Fair Work Commission. The application sought approval for an enterprise agreement, which had been negotiated between the parties to govern the terms and conditions of employment for workers involved in the construction of a pipeline project. The agreement sought to establish a new set of employment conditions and terms that would replace the existing ones governed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Enterprise Agreement 2012.

The legal issues that the Commission had to determine were whether the agreement met the requirements of the Fair Work Act 2009 and whether it had been negotiated in good faith. The Commission had to consider whether the agreement had been made without coercion, and whether it provided for a fair and reasonable outcome for all parties involved. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it promoted productivity, efficiency and flexibility in the workplace.

The Commission found that the agreement met the requirements of the Fair Work Act 2009 and had been negotiated in good faith. The Commission was satisfied that the agreement had been made without coercion and provided for a fair and reasonable outcome for all parties involved. The Commission also found that the agreement was in the best interests of the employees and promoted productivity, efficiency and flexibility in the workplace. The Commission approved the agreement and made an order accordingly.

The Fair Work Commission approved the McConnell Dowell Constructors (Aust) Pty Ltd and The Australian Workers Union Wollert to Wandong Pipeline Project Greenfields Agreement 2014-2015. The order was made on the basis that the agreement met the requirements of the Fair Work Act 2009 and had been negotiated in good faith. The agreement was approved as it provided for a fair and reasonable outcome for all parties involved and promoted productivity, efficiency and flexibility in the workplace. The agreement replaced the existing CFMEU Enterprise Agreement 2012 and would govern the terms and conditions of employment for workers involved in the construction of the pipeline project.

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