DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stable Australia Pty Ltd
(AG2015/2070)

LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2015 BETWEEN STABLE AUSTRALIA PTY LTD AND THE CFMEU

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 12 MARCH 2015

Application for approval of the Longford Gas Conditioning Plant Project Construction Agreement 2015 between Stable Australia Pty Ltd and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the Longford Gas Conditioning Plant Project Construction Agreement 2015 between Stable Australia Pty Ltd and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stable Australia Pty Ltd. The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

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

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2015. The nominal expiry date of the Agreement is 31 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Court was made by Stable Australia Pty Ltd for approval of the Longford Gas Conditioning Plant Project Construction Agreement 2015, which had been entered into with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Court was asked to consider whether the agreement complied with the relevant legislative provisions and industrial relations laws. The primary issue before the Court was whether the terms of the agreement were fair and reasonable, particularly in light of the obligations placed upon the parties under the Fair Work Act 2009. The Court also needed to determine if the agreement adequately protected the rights of the employees involved in the project, and whether it was consistent with the principles of good faith bargaining and industrial relations fairness.

The Court examined the terms of the agreement and the process through which it was negotiated. It considered whether the parties had acted in good faith and whether the agreement reflected a genuine attempt to reach a fair and reasonable outcome. The Court also assessed the provisions of the agreement in the context of the Fair Work Act and other relevant industrial relations laws. It found that the agreement contained terms that were consistent with the principles of good faith bargaining and industrial relations fairness. The Court was satisfied that the agreement was fair and reasonable, and that it adequately protected the rights of the employees involved.

Based on the evidence presented and the legal analysis conducted, the Court approved the Longford Gas Conditioning Plant Project Construction Agreement 2015 between Stable Australia Pty Ltd and the CFMEU. The Court found that the agreement was in compliance with the relevant legislative provisions and industrial relations laws. The Court's decision was based on the conclusion that the agreement was fair and reasonable, and that it reflected a genuine attempt by the parties to reach a fair and reasonable outcome. The Court's approval of the agreement allows the project to proceed with the necessary industrial relations framework in place.

Stable Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established