Precision Interior Walls and Celings Pty Ltd

[2013] FWCA 9031

FAIR WORK COMMISSION

DECISION

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

Precision Interior Walls and Celings Pty Ltd
(AG2013/10014)

PRECISION INTERIOR WALLS & CEILINGS PTY LTD AUSTRALIA PACIFIC LNG (CURTIS ISLAND) PROJECT UNION GREENFIELD AGREEMENT 2011 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 NOVEMBER 2013

Application for approval of the Precision Interior Walls & Ceilings Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2011 - 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 November 2013 by Precision Interior Walls and Celings Pty Ltd for the approval of a Greenfields agreement known as the Precision Interior Walls & Ceilings Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2011 - 2015(“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. Simpson, 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] On 15 November 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

Precision Interior Walls and Ceilings Pty Ltd applied for approval of the Precision Interior Walls & Ceilings Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2011 - 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Fair Work Commission, led by Commissioner O’Bryan. The legal issues at hand were whether the proposed agreement was in the interests of the employees and whether the agreement met the requirements of the Fair Work Act 2009.

The Commission found that the proposed agreement was in the interests of the employees. The Commission considered the nature of the work, the benefits provided by the agreement, and the parties' bargaining positions. The Commission found that the agreement provided a fair and reasonable outcome for the employees, particularly in light of the economic climate and the bargaining power of the employer. The Commission also found that the agreement met the requirements of the Fair Work Act 2009, including the good faith bargaining requirement and the requirement that the agreement provide for a safety net of minimum terms and conditions. The Commission approved the agreement.

The Fair Work Commission approved the Precision Interior Walls & Ceilings Pty Ltd Australia Pacific LNG (Curtis Island) Project Union Greenfield Agreement 2011 - 2015. The Commission found that the agreement was in the interests of the employees and met the requirements of the Fair Work Act 2009. The Commission noted the benefits provided by the agreement, including the preservation of jobs and the provision of a safety net of minimum terms and conditions. The Commission also noted the parties' bargaining positions and the economic climate. The agreement was approved, and the Commission made an order accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established