Regional Instrumentation and Electrical Services Pty Ltd Summary

[2014] FWCA 2702

FAIR WORK COMMISSION

DECISION

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

Regional Instrumentation and Electrical Services Pty Ltd
(AG2014/857)

REGIONAL INSTRUMENTATION AND ELECTRICAL SERVICES PTY LTD QUEENSLAND LNG PROJECTS UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 5 MAY 2014

Application for approval of the Regional Instrumentation and Electrical Services Pty Ltd Queensland LNG Projects Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 April 2014 by Regional Instrumentation and Electrical Services Pty Ltd for the approval of a Greenfields agreement known as the Regional Instrumentation and Electrical Services Pty Ltd Queensland LNG Projects Union Greenfield Agreement(“the Agreement”).

[2] A statutory declaration was provided by 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 this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU is 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 consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[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

The matter before the Fair Work Commission involved an application for the approval of a new enterprise agreement, the Regional Instrumentation and Electrical Services Pty Ltd Queensland LNG Projects Union Greenfield Agreement. The application was made by Regional Instrumentation and Electrical Services Pty Ltd, and it was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues that the Commission had to address included whether the agreement provided for the proper and timely negotiation process, whether the agreement contained the required provisions for pay and conditions, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for proper consultation and if it complied with the provisions of the Fair Work Act regarding minimum entitlements.

The Commission found that the agreement was the result of a proper and timely negotiation process, as evidenced by the documentation and testimonies provided by the parties. The agreement contained all the required provisions for pay and conditions, and it was determined that it was made in good faith and without coercion. The Commission also found that the agreement provided for proper consultation and met all the statutory minimum entitlements as required by the Fair Work Act. Consequently, the Commission approved the Regional Instrumentation and Electrical Services Pty Ltd Queensland LNG Projects Union Greenfield Agreement.

The Commission ordered that the agreement be registered and become a legally binding enterprise agreement between the parties. The agreement was to take effect from the date of registration, and all employees of Regional Instrumentation and Electrical Services Pty Ltd covered by the agreement were to be bound by its terms. The Commission also ordered that the agreement be published on the Fair Work Commission's website to ensure transparency and accessibility for all stakeholders involved.

Regional Instrumentation and Electrical 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