Northern Mining and Contracting Services Pty Ltd Summary

[2013] FWCA 3164

FAIR WORK COMMISSION

DECISION

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

Northern Mining and Contracting Services Pty Ltd
(AG2013/1200)

NORTHERN MINING AND CONTRACTING SERVICES ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 21 MAY 2013

Application for approval of the Northern Mining and Contracting Services Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Northern Mining and Contracting Services Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Northern Mining and Contracting Services 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 28 May 2013. The nominal expiry date of the Agreement is 20 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Northern Mining and Contracting Services Pty Ltd applied for approval of an agreement with Ichthys Onshore Construction, regarding the Greenfields site. The Fair Work Commission was tasked with determining whether the agreement met the criteria under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement provided for fair terms and conditions, taking into account the nature of the work and the employees' entitlements. The Commission also had to assess whether the agreement was genuinely negotiated and not the product of undue influence or coercion.

The Commission examined the specific provisions of the agreement, including the terms concerning wages, hours of work, leave entitlements, and dispute resolution mechanisms. It considered the nature of the work being performed, which involved construction activities at the Greenfields site. The Commission also evaluated the bargaining power of the parties and whether the agreement reflected a fair and reasonable outcome for the employees. After careful consideration, the Commission determined that the agreement did provide for fair terms and conditions, and it was genuinely negotiated. It found that the agreement met the criteria for approval under the Fair Work Act.

Consequently, the Fair Work Commission approved the Northern Mining and Contracting Services Ichthys Onshore Construction Greenfields Agreement. This decision affirmed that the agreement was fair and reasonable, and it would provide the necessary framework for the ongoing construction activities at the Greenfields site. The approval of the agreement ensures that the employees involved in the project would be entitled to fair wages and conditions, and that any disputes could be resolved through the agreed-upon mechanisms.

Northern Mining and Contracting Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established