Shorecranes Pty Ltd

[2014] FWCA 6684

FAIR WORK COMMISSION

DECISION

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

Shorecranes Pty Ltd
(AG2014/7510)

SHORECRANES PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 23 SEPTEMBER 2014

Application for approval of the Shorecranes Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Shorecranes Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 30 September 2014. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Shorecranes Pty Ltd, sought approval of the Shorecranes Pty Ltd Ichthys Onshore Construction Greenfields Agreement, which had been negotiated with the Australian Building and Construction Commission (the Commission). The Commission was dissatisfied with certain provisions in the agreement and sought amendments to address its concerns. The matter was brought before the Fair Work Commission (the Commission) for determination.

The central legal issues for the Commission to decide were whether the provisions in the agreement, as negotiated by the parties, complied with the relevant industrial legislation and if not, what amendments were necessary to ensure compliance. The Commission had to balance the interests of the employers and employees, while also ensuring that the agreement promoted fair work practices.

After reviewing the submissions from both parties, the Commission determined that several provisions in the agreement did not comply with the relevant industrial legislation. The Commission made specific amendments to the agreement to address these issues, ensuring that the agreement promoted fair work practices and complied with the legislation. The Commission also noted the importance of collaborative negotiations between employers and employees to achieve fair and effective agreements.

The Fair Work Commission approved the Shorecranes Pty Ltd Ichthys Onshore Construction Greenfields Agreement, subject to the amendments made by the Commission. The approved agreement was to be implemented by the parties, ensuring fair work practices and compliance with the relevant industrial legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established