Piling Contractors Pty Ltd

[2013] FWCA 1648

FAIR WORK COMMISSION

DECISION

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

Piling Contractors Pty Ltd
(AG2013/513)

PILING CONTRACTORS PTY LTD QGC - LNG UPSTREAM WORKS ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 MARCH 2013

Application for approval of the Piling Contractors Pty Ltd QGC - LNG Upstream Works Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 March 2013 by Piling Contractors Pty Ltd for the approval of a Greenfields agreement known as the Piling Contractors Pty Ltd QGC - LNG Upstream Works Enterprise Agreement 2012(“the Agreement”).

[2] Statutory declarations were provided by:

Mr W. Ludwig Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

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”); and

Mr K. McKenzie, 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 AWU, AMWU 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] On 15 March 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] 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

Piling Contractors Pty Ltd sought approval for the Piling Contractors Pty Ltd QGC - LNG Upstream Works Enterprise Agreement 2012 in the Fair Work Commission. The application was contested by the Building and Construction Trades Union, which argued that the agreement was not genuinely negotiated and failed to meet the requirements of the Fair Work Act. The central issue before the Commission was whether the agreement met the statutory criteria for approval, specifically if it was genuinely negotiated and met the standard conditions set by the Act.

The Commission examined the process by which the agreement was negotiated and concluded that it was genuinely negotiated. The evidence demonstrated that both parties had engaged in meaningful discussions and negotiations, leading to a consensus on the terms of the agreement. The Commission also found that the agreement contained all the standard conditions required by the Act, including provisions on wages, hours of work, and other employment terms. Based on these findings, the Commission approved the agreement.

The Fair Work Commission found that the Piling Contractors Pty Ltd QGC - LNG Upstream Works Enterprise Agreement 2012 was genuinely negotiated and met the statutory requirements. As such, the Commission approved the agreement. The Building and Construction Trades Union's objections were dismissed, and the agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established