DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Heat Treatment Pty Ltd
(AG2015/676)

NATIONAL HEAT TREATMENT PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 7 APRIL 2015

Application for approval of the National Heat Treatment Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (the Act) was made on 25 March 2015 by National Heat Pty Ltd for the approval of a Greenfields agreement known as the National Heat Treatment Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement).

[2] Statutory declarations were provided by:

● Mr David Haslam of National Heat Pty Ltd;

● Mr S McDine, National Secretary of The Australian Workers’ Union (AWU);

● Mr J Ingham, Divisional Branch Assistant Secretary of the Construction, Forestry, Mining and Energy Union (the CFMEU);

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

● Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU).

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

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Heat Treatment Pty Ltd recently applied for the approval of the National Heat Treatment Pty Ltd Ichthys Onshore Construction Greenfields Agreement, a matter which was heard in the Fair Work Commission. The agreement in question sought to establish terms and conditions for employees involved in the construction of the Ichthys Onshore Construction Greenfields project.

The legal issues before the Commission included whether the agreement provided for terms and conditions that were at least as good as, or better than, those provided for in the applicable award, and whether it met the requirements for an enterprise agreement under the Fair Work Act 2009. The Commission also had to consider whether the agreement complied with the procedural fairness requirements of the Act, including whether the parties had genuinely attempted to negotiate in good faith.

In its decision, the Commission found that the agreement met the requirements of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for terms and conditions that were at least as good as, or better than, those provided for in the applicable award, and that the parties had genuinely attempted to negotiate in good faith. The Commission also found that the agreement complied with the procedural fairness requirements of the Act.

The Commission approved the agreement, and it is now in effect. This decision provides important guidance for employers and employees involved in the construction industry, as well as for those seeking to negotiate enterprise agreements in other industries.

National Heat Treatment 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