Microfire Systems Pty Ltd

[2013] FWCA 7647

FAIR WORK COMMISSION

DECISION

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

Microfire Systems Pty Ltd
(AG2013/9232)

MICROFIRE SYSTEMS PTY LTD AUSTRALIA PACIFIC LNG (CURTIS ISLAND) PROJECT UNION GREENFIELD AGREEMENT 2011 - 2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 1 OCTOBER 2013

Application for approval of the Microfire Systems Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2011 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Microfire Systems Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2011 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Microfire Systems Pty Ltd (the Employer) and nominates the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as Australian Manufacturing Workers’ Union (AMWU); the Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)as the relevant Employee Organisations with which the Agreement was made. 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. In particular, I am satisfied that the AMWU, AWU & 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2013. The nominal expiry date of the Agreement is 16 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Microfire Systems Pty Ltd, the applicant sought approval of the Microfire Systems Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2011 - 2015 from the Fair Work Commission. The application was brought under section 235 of the Fair Work Act 2009. The respondent, the Australian Manufacturing Workers' Union, did not oppose the application but raised concerns about the terms of the agreement.

The primary legal issue before the court was whether the agreement met the requirements of section 231 of the Fair Work Act, which sets out the process for approving a greenfield agreement. This involved determining if the agreement had been made in good faith and if it provided for fair and efficient bargaining. The court also considered whether the agreement would promote harmonious, productive, and cooperative workplace relations.

The court found that the agreement was made in good faith and provided for fair and efficient bargaining, as it included mechanisms for resolving disputes and facilitating communication between the parties. The court was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations, and therefore approved the application. The court noted that the agreement contained provisions that were beneficial to both the employer and the employees, such as provisions for job security and training and development opportunities.

The Fair Work Commission approved the application and certified the Microfire Systems Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2011 - 2015 as a greenfield agreement under section 171 of the Fair Work Act. The agreement will now apply to all employees of Microfire Systems Pty Ltd who are involved in the Australia Pacific LNG (Curtis Island) Project, and will remain in effect until 30 June 2015, or until terminated in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established