DECISION

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

MIPEC Pty Ltd
(AG2015/2918)

MIPEC LNG CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 JUNE 2015

Application for approval of the MIPEC LNG Construction Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 June 2015 by MIPEC Pty Ltd for the approval of a single-enterprise agreement known as the MIPEC LNG Construction Enterprise Agreement 2015(“the Agreement”).

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”) and the Australian Workers’ Union (“the AWU”), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and AWU.

[4] 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

The matter before the Fair Work Commission (FWC) involved an application for the approval of the MIPEC LNG Construction Enterprise Agreement 2015, submitted by MIPEC Pty Ltd. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, including the obligation to provide for the right of employees to be free from adverse action on the basis of union activity. The application was heard by Commissioner P.C. Coleman.

The primary legal issues addressed by the commission were whether the agreement appropriately protected employees from adverse action related to union activities and whether it complied with the procedural requirements for enterprise agreements under the Fair Work Act. The commission considered the specific provisions of the agreement, the submissions of the parties, and the relevant legal framework governing enterprise agreements.

In its decision, the commission noted that while the agreement contained provisions that aimed to prevent adverse action related to union activities, it did not sufficiently protect employees from such actions. The commission found that certain clauses in the agreement could potentially be interpreted in a way that undermined the protections intended by the legislation. Additionally, the commission observed that the agreement did not comply with the procedural requirements, as it was not independently negotiated. Consequently, the commission determined that the application for approval should be dismissed.

The Fair Work Commission dismissed the application for approval of the MIPEC LNG Construction Enterprise Agreement 2015, citing deficiencies in the protection against adverse action related to union activities and non-compliance with the procedural requirements for enterprise agreements. The commission's decision underscored the importance of ensuring that enterprise agreements provide robust protections for employees and adhere to the legislative framework governing their negotiation and approval.

MIPEC 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