Newfern Holdings Pty Ltd T/A Sympari Group Summary

[2013] FWCA 5913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newfern Holdings Pty Ltd T/A Sympari Group
(AG2013/2335)

SYMPARI GROUP - CFMEU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 AUGUST 2013

Application for approval of the Sympari Group - CFMEU - Gorgon Project - Barrow Island Greenfields Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Sympari Group - CFMEU - Gorgon Project - Barrow Island Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Newfern Holdings Pty Ltd, trading as Sympari Group, applied to the Federal Circuit Court of Australia for approval of the Sympari Group - CFMEU - Gorgon Project - Barrow Island Greenfields Agreement 2012. The application was brought pursuant to the Fair Work Act 2009, seeking to have the agreement registered with the Fair Work Commission. The agreement was intended to cover employment conditions for workers involved in the Gorgon Project on Barrow Island, and was negotiated between Sympari Group and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU).

The primary legal issue before the court was whether the agreement met the statutory requirements under the Fair Work Act for approval and registration. This involved determining if the agreement was genuinely a product of bargaining between the parties, if it covered the specified employees, and if it complied with the Act's provisions, including those relating to workplace rights and obligations. Additionally, the court had to consider if the agreement was consistent with the broader public interest.

The court found that the agreement was a genuine product of bargaining between the parties and covered the specified employees. It was also determined that the agreement complied with the requirements of the Fair Work Act, including the provision of adequate protections for employees and the avoidance of undue interference with the operations of the Gorgon Project. The court was satisfied that the agreement was in the best interests of the employees and the broader public, and thus approved the application for registration. The court found that the agreement was consistent with the objectives of the Fair Work Act and did not undermine the rights of employees or the integrity of the bargaining process.

Newfern Holdings Pty Ltd T/A Sympari Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established