Norpanel Pty Ltd

[2013] FWCA 728

FAIR WORK COMMISSION

DECISION

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

Norpanel Pty Ltd
(AG2013/173)

NORPANEL PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 1 FEBRUARY 2013

Application for approval of the Norpanel Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Norpanel Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Norpanel Pty Ltd, The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 8 February 2013. The nominal expiry date of the Agreement is 31 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Norpanel Pty Ltd sought approval for the Norpanel Pty Ltd Ichthys Onshore Construction Greenfields Agreement, which was filed with the Fair Work Commission. The agreement related to the terms and conditions of employment for workers involved in the construction of the Ichthys LNG Project in Western Australia. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees and if it met the criteria for being a Greenfields agreement, which allows for certain concessions and exemptions from general employment law. The court also had to assess whether the agreement provided adequate protections for employees, including terms regarding wages, hours of work, and other conditions.

The court considered the submissions from both Norpanel and the Australian Manufacturing Workers' Union, which represented the employees. It examined the provisions of the proposed agreement and their implications for the workforce. The court concluded that the agreement was in the best interests of the employees and met the necessary criteria for a Greenfields agreement. The court found that the agreement provided sufficient protections for employees and did not undermine the rights and entitlements of the workers.

The court approved the Norpanel Pty Ltd Ichthys Onshore Construction Greenfields Agreement, allowing it to proceed with the terms and conditions outlined in the agreement. The decision provided clarity for both Norpanel and the employees, ensuring that the construction of the Ichthys LNG Project could move forward with a clear framework for employment terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established