Nordev Contractors Pty Ltd

[2013] FWCA 1118

FAIR WORK COMMISSION

DECISION

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

Nordev Contractors Pty Ltd
(AG2013/305)

NORDEV CONTRACTORS PTY LTD CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 26 FEBRUARY 2013

Application for approval of the Nordev Contractors Pty Ltd Caval Ridge Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 February 2013 by Nordev Contractors Pty Ltd for the approval of a Greenfields agreement known as the Nordev Contractors Pty Ltd Caval Ridge Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

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

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”); 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 matter of the Fair Work Commission, the applicant Nordev Contractors Pty Ltd sought approval for the Nordev Contractors Pty Ltd Caval Ridge Project Union Greenfields Agreement, which aimed to facilitate construction work on the Caval Ridge Project. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application, citing concerns over the agreement's impact on employee rights and conditions. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary issue was whether the agreement, which proposed various terms and conditions for employees, complied with the provisions of the Act that require agreements to provide for fair and reasonable terms and conditions, and whether it appropriately balanced the interests of employees and employers.

The Commission meticulously examined the agreement to ascertain its compliance with the statutory standards. It considered the nature of the project, the bargaining positions of the parties, and the implications of the proposed terms for the employees. The Commission noted that while the agreement contained provisions that were beneficial to both parties, it also identified certain aspects that could potentially disadvantage employees, particularly regarding pay and working conditions. Ultimately, the Commission concluded that the agreement, while not perfect, did not significantly undermine the rights and conditions of employees and thus met the legislative requirements for approval. The Commission approved the agreement, subject to certain conditions designed to protect employee interests.

The Fair Work Commission approved the Nordev Contractors Pty Ltd Caval Ridge Project Union Greenfields Agreement, subject to the conditions imposed. The decision underscored the importance of balancing the interests of both parties while ensuring that employees' rights and conditions are not unfairly compromised. The Commission's approval was based on a detailed analysis of the agreement's provisions and their implications for the employees involved. The Commission's decision provided a framework for future agreements, highlighting the need for careful consideration of all aspects of proposed terms and conditions to ensure they meet the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established