DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McDermott Australia Pty Ltd
(AG2021/5392)

MCDERMOTT AUSTRALIA PTY LTD WESTERN AUSTRALIA AND NORTHERN TERRITORY OFFSHORE CONSTRUCTION PROJECTS GREENFIELDS AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 JUNE 2021

Application for approval of the McDermott Australia Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020-2024.

[1] An application has been made for approval of a greenfields agreement known as the McDermott Australia Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Greenfields Agreement 2020-2024 (the Agreement). The application was made by McDermott Australia Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. 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. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisation(s).

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 22 June 2021. The nominal expiry date of the Agreement is 16 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McDermott Australia Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement, which had been negotiated with its employees. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute involved the interpretation of various provisions of the Fair Work Act 2009 and the application of the relevant case law. The Commission found that the Enterprise Agreement complied with the Act and the relevant decisions of the High Court. The court approved the Enterprise Agreement, finding that it met all the statutory requirements and was fairly negotiated.

The key legal issues before the court were whether the Enterprise Agreement was genuinely negotiated and whether it complied with the relevant statutory provisions. The applicant argued that the agreement had been fairly negotiated and that it met all the criteria for approval. The union, on the other hand, contended that the agreement did not meet the statutory requirements and that it had not been genuinely negotiated. The Commission found that the applicant had established that the agreement had been fairly negotiated and that it met all the criteria for approval. The court rejected the union's arguments and found that the agreement was compliant with the relevant statutory provisions.

The court's reasoning was based on a detailed analysis of the evidence and the relevant statutory provisions. The court found that the applicant had adduced sufficient evidence to establish that the agreement had been fairly negotiated. The court also found that the agreement met all the statutory requirements for approval. The court rejected the union's arguments and found that the agreement was compliant with the relevant statutory provisions. The court found that the agreement was in the best interests of the employees and that it promoted harmonious, productive and cooperative workplace relations. The court approved the Enterprise Agreement and found that it met all the statutory requirements for approval.

The court made orders approving the Enterprise Agreement and dismissing the union's objections. The agreement was approved as a registered agreement under section 173 of the Fair Work Act 2009. The court found that the agreement was fairly negotiated and that it met all the statutory requirements for approval. The court rejected the union's arguments and found that the agreement was in the best interests of the employees and that it promoted harmonious, productive and cooperative workplace relations. The court's decision provides guidance to employers and unions on the requirements for approving an Enterprise Agreement under the Fair Work Act 2009.

McDermott Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established