Neater Constructions (Q) Pty Ltd

[2013] FWCA 2373

FAIR WORK COMMISSION

DECISION

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

Neater Constructions (Q) Pty Ltd
(AG2013/822)

NEATER CONSTRUCTIONS (Q) PTY LTD DAUNIA PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 APRIL 2013

Application for approval of the Neater Constructions (Q) Pty Ltd Daunia Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 April 2013 by Neater Constructions (Q) Pty Ltd for the approval of a Greenfields agreement known as the Neater Constructions (Q) Pty Ltd Daunia Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

Mr B. Devlin, 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”).

[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] 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Neater Constructions (Q) Pty Ltd applied for approval of the Neater Constructions (Q) Pty Ltd Daunia Project Union Greenfields Agreement. The applicant, a construction company, sought to enter into an enterprise agreement with a union representing its employees. The union, while generally supportive of the agreement, raised concerns about certain aspects that potentially affected the employees' rights and conditions.

The primary legal issue the Commission needed to address was whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided fair and reasonable terms and conditions for the employees and if it complied with the "better off overall test" and other relevant provisions of the Act. The union's objections focused on the impact of the agreement on the employees' remuneration and conditions.

The Fair Work Commission examined the agreement clause by clause, weighing the benefits and drawbacks for the employees. The Commission concluded that the agreement, while not perfect, offered sufficient benefits to the employees to meet the "better off overall test." The Commission found that the agreement provided fair and reasonable terms and conditions, taking into account the overall benefits for the employees. Consequently, the Commission approved the agreement, stating that it met the necessary statutory criteria.

As a result of the Commission's decision, the Neater Constructions (Q) Pty Ltd Daunia Project Union Greenfields Agreement was approved and will now serve as the enterprise agreement between the applicant and the union. This decision ensures that the employees will be covered by the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established