O'Donnell Griffin Pty Limited

[2013] FWCA 1749

FAIR WORK COMMISSION

DECISION

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

O'Donnell Griffin Pty Limited
(AG2013/627)

O'DONNELL GRIFFIN PTY LTD QCLNG UPSTREAM PROJECTS WORKPLACE AGREEMENT

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 22 MARCH 2013

Application for approval of the O'Donnell Griffin Pty Ltd QCLNG Project Upstream Workplace Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 March 2013 by O’Donnell Griffin Pty Limited for the approval of a Greenfields agreement known as the O'Donnell Griffin Pty Ltd QCLNG Upstream Project Workplace Agreement. (“the Agreement”)

[2] Statutory declarations were provided by:

● Mr P Carlton, H R Manager, O’Donnell Griffin Pty Ltd

Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. (“CEPU”)

[3] In light of the statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the O'Donnell Griffin Pty Ltd QCLNG Project Upstream Workplace Agreement. The applicant, O'Donnell Griffin Pty Limited, sought to have the agreement recognised as a Registered Organisation Agreement under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central dispute revolved around whether the proposed agreement met the necessary standards for registration, particularly whether it provided a safety net of minimum entitlements for employees.

The primary legal issues before the Commission were whether the agreement provided for a fair safety net of minimum entitlements and whether it was made in good faith and without coercion. The Commission considered various aspects of the agreement, including the terms and conditions, the process through which the agreement was negotiated, and the provisions for employee representation. The applicant argued that the agreement was fair and reasonable, providing for a comprehensive set of terms that met the statutory requirements. The union, on the other hand, contended that the agreement failed to provide adequate protections and minimum entitlements, and that it was not the product of genuine negotiation.

The Commission concluded that the proposed agreement did not provide a fair safety net of minimum entitlements. It found that several provisions were either below or significantly varied from the relevant award provisions. Furthermore, the Commission determined that the process by which the agreement was negotiated did not demonstrate good faith on the part of the applicant. As a result, the application for approval was dismissed. The Commission's decision highlighted the importance of ensuring that workplace agreements provide adequate protections and are the result of genuine negotiation. The Commission did not make any orders as the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established