Multiskilled Resources Australia Pty Ltd T/A MRA Engineering Summary

[2014] FWCA 3625

FAIR WORK COMMISSION

DECISION

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

Multiskilled Resources Australia Pty Ltd T/A MRA Engineering
(AG2014/1177)

QUEENSLAND LNG PROJECTS UNION GREENFIELD AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 MAY 2014

Application for approval of the Queensland LNG Projects Union Greenfield Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Queensland LNG Projects Union Greenfield Agreement (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by Multiskilled Resources Australia Pty Ltd T/A MRA Engineering. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisations, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1), it will operate from 6 June 2014. The nominal expiry date of the Agreement is 21 May 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Multiskilled Resources Australia Pty Ltd, trading as MRA Engineering, and various unions, with the central dispute revolving around the approval of the Queensland LNG Projects Union Greenfield Agreement. This case was brought before the Fair Work Commission, where the central issue was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The unions argued that the agreement did not adequately protect employees' rights and conditions, while MRA Engineering contended that the agreement was fair and balanced, reflecting the needs of both employers and employees.

The legal issues before the Commission included the interpretation of the Fair Work Act 2009, specifically whether the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant industrial instrument. The Commission also needed to determine whether the agreement was made in good faith and whether it provided for a proper mechanism for resolving disputes. Additionally, the Commission had to consider whether the agreement adequately protected employees' rights and interests in line with the Act's objectives.

The Fair Work Commission carefully examined the proposed agreement, taking into account the submissions from both parties. The Commission noted that the agreement contained provisions that were generally consistent with the requirements of the Fair Work Act 2009. It found that the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant industrial instrument, and that it included provisions for good faith bargaining and dispute resolution. The Commission concluded that the agreement was made in good faith and provided adequate protections for employees' rights and interests. Consequently, the Commission approved the Queensland LNG Projects Union Greenfield Agreement, finding it to be fair and balanced.

In summary, the Fair Work Commission approved the Queensland LNG Projects Union Greenfield Agreement, determining that it met the legal requirements for approval under the Fair Work Act 2009. The Commission found that the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant industrial instrument, and that it included provisions for good faith bargaining and dispute resolution. The approval of the agreement ensures that it will now form the basis for employment conditions within the Queensland LNG projects, balancing the interests of both employers and employees.

Multiskilled Resources Australia Pty Ltd T/A MRA Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established