DECISION

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

Stork Technical Services Pty Ltd
(AG2015/1232)

STORK TECHNICAL SERVICES AUSTRALIA PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 9 JUNE 2015

Application for approval of the Stork Technical Services Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 May 2015 by Stork Technical Services Pty Ltd for the approval of a Greenfields agreement known as the Stork Technical Services Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement (“the Agreement”).

[2] Statutory declarations were provided by:

• Mr Gary Lloyd, Operations Manager - Stork Technical Services Pty Ltd;

• Mr Daniel Walton, Acting National Secretary of The Australian Workers’ Union (AWU); and

• Mr P Young, Deputy Divisional Branch Secretary of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and

• Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and

• Mr J Ingham Divisional Branch Assistant Secretary of Construction, Forestry, Mining and Energy Union(CFMEU).

[3] In light of the statutory declarations, and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, CEPU, AMWU and the CFMEU 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] 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 Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stork Technical Services Pty Ltd applied to the Federal Circuit Court of Australia for the approval of an enterprise agreement with its employees. The agreement, known as the Stork Technical Services Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement, was contested by a union representing some of the employees. The court was required to determine if the agreement complied with the provisions of the Fair Work Act 2009 and if it was made in good faith.

The court examined several aspects of the agreement to ascertain its compliance with the Act. These included whether the agreement provided for fair remuneration and conditions, if it allowed for the proper operation of businesses, and if it contained appropriate dispute resolution mechanisms. Additionally, the court considered if the agreement had been made in good faith, which required an examination of the bargaining process and the parties' conduct.

In its decision, the court found that the agreement was compliant with the Act and had been made in good faith. The court was satisfied that the agreement provided for fair remuneration and conditions, allowed for the proper operation of businesses, and contained appropriate dispute resolution mechanisms. The court also found that the bargaining process was conducted in a manner that met the good faith requirements of the Act.

The court approved the Stork Technical Services Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement, allowing it to become a registered enterprise agreement. This decision was based on the court's determination that the agreement met all the necessary legal requirements and had been made in good faith.

Stork Technical Services 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