DECISION

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

National Cable Installations Pty Ltd
(AG2015/6206)

NATIONAL CABLE INSTALLATIONS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER CLOGHAN	PERTH, 26 NOVEMBER 2015

Application for approval of the National Cable Installations Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] On 17 November 2015, National Cable Installations Pty Ltd (Employer) made application for approval of a greenfields agreement to be known as the National Cable Installations Pty Ltd Ichthys Onshore Construction Greenfields (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[4] The Employer has declared that the Australian Workers’ Union (AWU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry, Mining and Energy Union (CFMEU) are entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The AWU, AMWU, CEPU and CFMEU have made similar declarations. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[5] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[7] The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this case, National Cable Installations Pty Ltd applied for approval of the National Cable Installations Pty Ltd Ichthys Onshore Construction Greenfields Agreement, which was contested by various unions and employees. The dispute was heard in the Fair Work Commission, where the central issue was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly represented the interests of the employees, complied with the relevant provisions of the Act, and was in the best interests of the workforce.

The Commission thoroughly examined the application, considering the arguments from both sides. It assessed whether the agreement had been appropriately negotiated and whether it contained provisions that were fair and reasonable. The Commission also evaluated whether the agreement met the criteria for being an individual agreement as defined under the Fair Work Act. The unions argued that the agreement did not adequately protect the employees' interests, while the applicant maintained that the agreement was fair and in line with legal requirements.

After considering the evidence and arguments presented, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission concluded that the agreement was fairly negotiated, contained provisions that were fair and reasonable, and was in the best interests of the employees. Consequently, the Commission approved the National Cable Installations Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The final orders included the approval of the agreement, which would now govern the terms and conditions of employment for the relevant employees.

National Cable Installations 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