T & L Byrne Excavations Pty Ltd

[2014] FWCA 1202

FAIR WORK COMMISSION

DECISION

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

T & L Byrne Excavations Pty Ltd
(AG2014/243)

BYRNE CIVIL PROJECTS CONSTRUCTION GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 FEBRUARY 2014

Application for approval of the Byrne Civil Projects Construction Greenfield Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 February 2014 by T & L Byrne Excavations Pty Ltd for the approval of a greenfields agreement known as Byrne Civil Projects Construction Greenfield Agreement 2014(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU 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 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

T & L Byrne Excavations Pty Ltd applied to the Fair Work Commission for approval of the Byrne Civil Projects Construction Greenfield Agreement 2014. The application was made under section 233 of the Fair Work Act 2009. The respondent, the Building and Construction Union, objected to the approval of the agreement on various grounds, including concerns about the scope and content of the agreement. The primary issue before the Commission was whether the agreement was in the best interests of the employees covered by it and whether it complied with the relevant provisions of the Fair Work Act.

The Commission examined the terms of the agreement, the context in which it was negotiated, and the extent to which it provided for the fair treatment of employees. The Commission also considered the submissions of the parties and the relevant legal principles. Ultimately, the Commission found that the agreement was in the best interests of the employees and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of benefits for employees, including improved wages and conditions, and that it had been negotiated in good faith by the parties.

As a result, the Commission approved the Byrne Civil Projects Construction Greenfield Agreement 2014. The Commission emphasised that the approval was subject to certain conditions, including the requirement that the agreement be implemented in accordance with its terms. The Commission also noted that it would continue to monitor the agreement to ensure that it was being properly implemented and that employees were receiving the benefits to which they were entitled. The Building and Construction Union's objection to the approval of the agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established