Slade Industries Commissioning Pty Ltd

[2014] FWCA 3355

FAIR WORK COMMISSION

DECISION

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

Slade Industries Commissioning Pty Ltd
(AG2014/978)

SLADE INDUSTRIES COMMISSIONING QUEENSLAND LNG PROJECTS UNION GREENFIELD AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 MAY 2014

Application for approval of the Slade Industries Commissioning Queensland LNG Projects Union Greenfield Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Slade Industries Commissioning Queensland LNG Projects Union Greenfield Agreement (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by Slade Industries Commissioning Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1), it will operate from 29 May 2014. The nominal expiry date of the Agreement is 29 May 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Slade Industries Commissioning Pty Ltd, the Fair Work Commission was tasked with approving the proposed Slade Industries Commissioning Queensland LNG Projects Union Greenfield Agreement. The dispute centred around the terms and conditions outlined in the agreement between Slade Industries Commissioning Pty Ltd and the union, specifically regarding wages, working hours, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the proposed agreement met the requirements under the Fair Work Act 2009 and whether it provided fair and reasonable terms for both the employer and the employees. The Commission had to assess the agreement's provisions in light of the relevant legislative framework and industrial considerations.

After examining the arguments presented by both parties, the Commission found that the proposed agreement was fair and reasonable. It concluded that the terms and conditions were consistent with the principles of the Fair Work Act and provided a balanced approach to the needs of the employer and the employees. The Commission approved the agreement, noting that it met all necessary legal standards and provided an equitable framework for the operation of the Queensland LNG projects. The approval was contingent upon the agreement being registered with the Fair Work Commission, ensuring its enforceability and compliance with Australian labour laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established