DECISION

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

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2019/4283)

WORKFORCE INTERNATIONAL CROSS RIVER RAIL GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 4 DECEMBER 2019

Application for approval of the Workforce International Cross River Rail Greenfields Agreement.

[1] NL Consulting Services Pty Ltd T/A Workplace Solutions (The Employer) has applied for approval of an enterprise agreement known as the Workforce International Cross River Rail Greenfields Agreement. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] Prior to allocation of this matter to me, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) wrote to the Fair Work Commission (the Commission) and requested to be provided with a copy of the Agreement and documents lodged to the Commission regarding the application in this matter, so that the CFMMEU might have an opportunity to make submissions regarding this matter.

[3] Upon allocation of this matter to me, I provided the CFMMEU with a copies of the Form F19 application, Form F20 Employer’s statutory declaration in support of the application, and the Agreement. After being provided with those documents, the CFMMEU responded to my chambers that it did not wish to be heard in relation to this matter.

[4] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is 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. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Commission raised certain concerns regarding the Agreement with the Employer, and as a result, written undertakings were provided by the Employer. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the AWU regarding the undertakings provided by the Employer. The AWU indicated to my chambers that it is comfortable with the Employer’s undertakings.

[6] I am satisfied that the undertakings will not cause financial detriment to any employee that will be covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[7] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers that organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2019. The nominal expiry date of the Agreement is four years after the date of approval by the Commission.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

The case before the Fair Work Commission involved NL Consulting Services Pty Ltd, trading as Workplace Solutions, and the Australian Manufacturing Workers' Union. The matter was an application for the approval of the Workforce International Cross River Rail Greenfields Agreement, which sought to regulate the employment conditions of workers employed in the Cross River Rail Greenfields project. The dispute arose over whether the proposed agreement was appropriate for the workforce and complied with the relevant industrial legislation. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues addressed by the Commission included whether the agreement was genuinely intended to be an enterprise agreement, whether it was fairly negotiated, and if it contained the appropriate minimum terms and conditions as prescribed by the Act. Additionally, the Commission considered whether the agreement was likely to have a positive effect on productivity, efficiency, and/or profitability of the employer. The Commission also assessed the impact of the agreement on the workforce, including any potential detriments to the employees.

In assessing these issues, the Commission examined the negotiation process and the content of the proposed agreement. The Commission found that the agreement had been genuinely negotiated and included all required minimum terms and conditions. The Commission was satisfied that the agreement was likely to have a positive effect on productivity, efficiency, and/or profitability. Furthermore, the Commission concluded that the agreement was not likely to have an adverse effect on the employees. Based on these findings, the Commission approved the Workforce International Cross River Rail Greenfields Agreement.

The Commission issued its decision and approval of the agreement, highlighting the importance of the negotiated terms in providing a fair and balanced outcome for both the employer and the employees. The final orders included the approval of the Workforce International Cross River Rail Greenfields Agreement, effective from the date of the decision, subject to the terms and conditions outlined in the agreement.

NL Consulting Services Pty Ltd T/A Workplace Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established