NW Engineering Services Pty Ltd Summary

[2014] FWCA 6926

FAIR WORK COMMISSION

DECISION

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

NW Engineering Services Pty Ltd
(AG2014/7498)

NW ENGINEERING SERVICES PTY LTD GLNG PROJECT UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 OCTOBER 2014

Application for approval of the NW Engineering Services Pty Ltd GLNG Project Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 September 2014 by NW Engineering Services Pty Ltd for the approval of a Greenfields agreement known as the NW Engineering Services Pty Ltd GLNG Project Union Greenfield Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

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”);

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and

Mr P. Ong, Deputy 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 AMWU, AWU 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

NW Engineering Services Pty Ltd applied to the Fair Work Commission for approval of the NW Engineering Services Pty Ltd GLNG Project Union Greenfield Agreement. The applicant is a civil engineering and construction company, and the agreement was entered into with several unions in relation to the construction of a liquefied natural gas plant in Queensland. The unions argued the agreement was necessary to address precariousness in the labour market and ensure fair wages and conditions, while the applicant maintained it was a necessary measure to attract skilled workers and ensure the timely and efficient completion of the project.

The Commission was required to determine whether the agreement was in the interests of the employers, employees, and the broader economy. The Commission found that the agreement was necessary to address precariousness in the labour market and ensure fair wages and conditions. It also found that the agreement was in the broader economic interest as it would facilitate the timely and efficient completion of the project, which would benefit the economy.

The Commission approved the agreement, finding that it was in the interests of the employers, employees, and the broader economy. The Commission noted that the agreement addressed precariousness in the labour market, ensured fair wages and conditions, and facilitated the timely and efficient completion of the project. The Commission also found that the agreement did not have an adverse effect on the broader economy.

No further orders were made.

NW Engineering 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