Pan Process Pty Ltd

[2013] FWCA 3425

FAIR WORK COMMISSION

DECISION

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

Pan Process Pty Ltd
(AG2013/1299)

PAN PROCESS PTY LTD WIGGINS ISLAND COAL EXPORT TERMINAL CONSTRUCTION UNION GREENFIELD AGREEMENT 2012

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the Pan Process Pty Ltd Wiggins Island Coal Export Terminal Construction Union Greenfield Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 May 2013 by the Pan Process Pty Ltd for the approval of a Greenfields agreement known as the Pan Process Pty Ltd Wiggins Island Coal Export Terminal Construction Union Greenfield Agreement 2012 (“the Agreement”)

[2] Statutory declarations were provided by:

● Mr D Edwards, Managing Director, Pan Process Pty Ltd,

● Mr B Swan, Branch Secretary of The Australian Workers’ Union

(the “AWU”) ,

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

● 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”).

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

Pan Process Pty Ltd, an applicant, sought approval for the Pan Process Pty Ltd Wiggins Island Coal Export Terminal Construction Union Greenfield Agreement 2012. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application but raised concerns about the agreement's impact on its members. The Fair Work Commission heard the matter. The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms for the workers and if it met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement adequately protected the rights and interests of the employees, balanced the interests of both parties, and complied with the relevant legislative provisions.

The Commission examined the terms of the agreement, including the wage rates, conditions, and dispute resolution mechanisms. It considered the evidence presented by both parties and the broader context of the industry. The Commission found that the agreement provided for fair and reasonable terms for the workers, taking into account the needs of both employers and employees. It noted that the agreement contained provisions for a fair wage progression and adequate protections for employees. Furthermore, the Commission determined that the agreement did not unconscionably disadvantage any party and complied with the statutory requirements under the Fair Work Act 2009.

Having found that the agreement met the necessary criteria, the Commission approved the Pan Process Pty Ltd Wiggins Island Coal Export Terminal Construction Union Greenfield Agreement 2012. This decision allowed the agreement to take effect, providing a framework for the employment terms and conditions of the workers involved in the construction of the Wiggins Island Coal Export Terminal. The Commission's approval was based on its determination that the agreement provided for fair and reasonable terms for the employees and met the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established