McCosker Contracting Pty Ltd

[2013] FWCA 2547

FAIR WORK COMMISSION

DECISION

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

McCosker Contracting Pty Ltd
(AG2013/769)

MCPL HPE3 PROJECT UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 APRIL 2013

Application for approval of the MCPL HPE3 Project Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 April 2013 by McCosker Contracting Pty Ltd for the approval of a Greenfields agreement known as the MCPL HPE3 Project Union Greenfield Agreement(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

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

[4] On 24 April 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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[7] 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

McCosker Contracting Pty Ltd sought approval for a Union Greenfield Agreement under the Hawke Pacific Enterprise 3 Project, which was the subject of an application to the Fair Work Commission. The dispute involved the terms of the proposed agreement, including provisions for union representation, dispute resolution mechanisms, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The key legal issues before the Commission included whether the proposed union representation provisions complied with the Fair Work Act 2009, and if the dispute resolution mechanisms were appropriate and fair. Additionally, the Commission needed to consider whether the agreement appropriately balanced the interests of the employer and employees, ensuring it did not undermine the principles of free bargaining and did not contravene any other relevant provisions of the Act.

The Commission found that the proposed Union Greenfield Agreement met the necessary statutory requirements for approval. The union representation provisions were deemed compliant with the Fair Work Act, and the dispute resolution mechanisms were considered fair and appropriate. The Commission concluded that the agreement appropriately balanced the interests of the parties and did not contravene any relevant provisions of the Act. Consequently, the application for approval of the Union Greenfield Agreement was approved, paving the way for the commencement of the Hawke Pacific Enterprise 3 Project under the stipulated terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established