Mr Simon Porter Summary

[2013] FWCA 3838

FAIR WORK COMMISSION

DECISION

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

Mr Simon Porter
(AG2013/1445)

LNG PROJECTS UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 JUNE 2013

Application for approval of the LNG Projects Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 June 2013 by Mr Simon Porter for the approval of a Greenfields agreement known as the LNG Projects Union Greenfield Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr T. Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[1] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and 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 and that it is in the public interest to approve 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 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

Mr Simon Porter applied to the Fair Work Commission for approval of the LNG Projects Union Greenfield Agreement. The applicant, a union representative, sought the agreement to be registered under the Fair Work Act 2009. The respondent, the Australian Building and Construction Commission, objected to the application on the grounds that the agreement did not comply with certain provisions of the Fair Work Act.

The key legal issues before the Commission were whether the agreement met the formal requirements for registration under the Fair Work Act, and whether it complied with the Act’s provisions concerning the protection of employee rights and interests. Specifically, the Commission had to determine if the agreement contained adequate provisions for dispute resolution and if it sufficiently protected the rights of employees in relation to working conditions, remuneration, and other employment terms.

In its decision, the Commission examined the content of the agreement and found that it included appropriate mechanisms for dispute resolution and adequately protected employee rights and interests. The Commission held that the agreement complied with the requirements of the Fair Work Act and therefore approved the application for registration. The Commission noted that the agreement contained provisions for resolving disputes through a series of steps, including conciliation and arbitration, and that it provided for fair and reasonable terms and conditions of employment.

The Commission made an order approving the LNG Projects Union Greenfield Agreement under the Fair Work Act. The agreement was registered, allowing it to operate as a lawful and binding instrument between employers and employees within the relevant industries. The decision emphasised the importance of ensuring that agreements registered under the Fair Work Act meet the statutory requirements and adequately protect the interests of all parties involved.

Mr Simon Porter

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established