National Cable Installations Pty Ltd

[2013] FWCA 4266

FAIR WORK COMMISSION

DECISION

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

National Cable Installations Pty Ltd
(AG2013/7122)

NATIONAL CABLE INSTALLATIONS PTY LTD HAY POINT EXPANSION 3 PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 JULY 2013

Application for approval of the National Cable Installations Pty Ltd Hay Point Expansion 3 Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 June 2013 by National Cable Installations Pty Ltd for the approval of a Greenfields agreement known as the National Cable Installations Pty Ltd Hay Point Expansion 3 Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr M. Ravbar, Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

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

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU, 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.

[4] On 2 July 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[7] 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

In the matter of National Cable Installations Pty Ltd, the applicant sought approval from the Fair Work Commission for the National Cable Installations Pty Ltd Hay Point Expansion 3 Project Union Greenfields Agreement. The dispute arose from the negotiation between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) concerning the terms and conditions of employment for workers involved in the Hay Point Expansion 3 Project. The case was heard in the Fair Work Commission, which was tasked with determining whether the proposed agreement was suitable for registration under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained provisions that were contrary to the public interest, as per section 235(1)(e) of the Fair Work Act 2009. The CFMEU raised concerns that certain provisions in the agreement, specifically those relating to the classification and pay rates of workers, could potentially undermine the conditions and protections afforded to employees under the relevant industrial instruments. The Commission was required to assess the provisions in light of the public interest and determine whether they should be approved.

In its decision, the Fair Work Commission found that the proposed agreement did not contain any provisions that were contrary to the public interest. The Commission considered the nature of the project, the terms of the agreement, and the potential impact on the workforce. It concluded that the agreement provided appropriate safeguards for the employees and did not undermine the broader objectives of the Fair Work Act. The Commission also noted that the agreement included protections for workers' entitlements, including minimum wages and conditions, which were consistent with the broader industrial framework. As a result, the Commission approved the agreement for registration.

The Fair Work Commission's approval of the National Cable Installations Pty Ltd Hay Point Expansion 3 Project Union Greenfields Agreement signifies a resolution to the dispute concerning the terms of employment for workers on the project. The decision underscores the importance of ensuring that industrial agreements align with the public interest and provide adequate protections for employees while allowing for the efficient operation of businesses. The Commission's ruling paves the way for the project to proceed with the agreed terms in place, ensuring that both the employer and the employees are bound by a legally recognised agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established