Takwood Pty Ltd T/A Bellis Industrial Services

[2014] FWCA 8244

FAIR WORK COMMISSION

DECISION

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

Takwood Pty Ltd T/A Bellis Industrial Services
(AG2014/8045)

TAKWOOD PTY LTD T/A BELLIS INDUSTRIAL SERVICES (QUEENSLAND LNG PROJECTS UNION AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 NOVEMBER 2014

Application for approval of the Takwood Pty Ltd t/a Bellis Industrial Services (Queensland LNG Projects Union Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 31 October 2014 by Takwood Pty Ltd T/A Bellis Industrial Services for the approval of a Greenfields agreement known as the Takwood Pty Ltd t/a Bellis Industrial Services (Queensland LNG Projects Union Agreement 2014(“the Agreement”).

[2] Statutory declarations were provided by:

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

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Takwood Pty Ltd, trading as Bellis Industrial Services, was involved in a dispute with the Queensland Construction, Forestry, Maritime, Mining and Energy Union. The applicant sought approval for an agreement that would regulate the terms and conditions of employment for its employees under the Fair Work Act 2009. The nature of the dispute centred on whether the proposed agreement adequately covered all aspects required by the legislation, particularly concerning the classification of employees and the terms regarding redundancy and termination.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act in the context of the proposed industrial agreement. The key questions included whether the agreement provided for the appropriate classification of employees, whether it adequately covered the terms and conditions of employment, and whether it complied with the requirements for fair and reasonable terms as prescribed by the Act. Additionally, the Commission had to assess if the agreement met the statutory criteria for modern awards and if it was consistent with the overarching objectives of the Fair Work Act.

The Commission carefully examined the proposed agreement, considering the evidence and submissions from both parties. It found that the agreement was comprehensive and aligned with the statutory requirements of the Fair Work Act. The agreement provided for clear classification of employees, outlined appropriate terms and conditions, and included provisions for redundancy and termination that were deemed fair and reasonable. The Commission concluded that the proposed agreement met all necessary criteria and was in the best interests of the employees and the employer.

As a result, the Commission approved the Takwood Pty Ltd t/a Bellis Industrial Services (Queensland LNG Projects Union Agreement 2014). This approval signified that the agreement would be registered and would regulate the employment terms and conditions for the relevant employees, providing a framework that both parties could rely upon in their industrial relations dealings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established