Team Engineering Services Pty Ltd

[2013] FWCA 3791

FAIR WORK COMMISSION

DECISION

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

Team Engineering Services Pty Ltd
(AG2013/1388)

TEAM ENGINEERING SERVICES PTY LTD CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 JUNE 2013

Application for approval of the Team Engineering Services Pty Ltd Caval Ridge Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 June 2013 by Team Engineering Services Pty Ltd for the approval of a Greenfields agreement known as the Team Engineering Services Pty Ltd Caval Ridge Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

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”); and

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

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

[2] On 14 June 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The consultation clause does not conform with s.205(1)(b) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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

Team Engineering Services Pty Ltd sought approval from the Fair Work Commission for the Team Engineering Services Pty Ltd Caval Ridge Project Union Greenfields Agreement. The proposed agreement aimed to regulate the terms and conditions of employment for employees engaged in the Caval Ridge Project, managed by Team Engineering Services Pty Ltd. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about the agreement's implications for employee rights and working conditions.

The primary legal issue before the commission was whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly in terms of its capacity to provide fair and reasonable terms of employment, and its adherence to the principles of good faith bargaining. The commission had to assess whether the agreement was genuinely negotiated between the parties and whether it offered a fair and reasonable balance of benefits and obligations for the employees.

The Fair Work Commission determined that the agreement was genuinely negotiated and met the criteria outlined in the Fair Work Act. The commission noted that the agreement provided a fair and reasonable balance of benefits and obligations for the employees, taking into account the specific context of the Caval Ridge Project. The CFMEU's concerns regarding the agreement's implications for employee rights and working conditions were addressed through the provisions of the agreement, which were deemed to be fair and reasonable. As a result, the commission approved the Team Engineering Services Pty Ltd Caval Ridge Project Union Greenfields Agreement.

The Fair Work Commission approved the Team Engineering Services Pty Ltd Caval Ridge Project Union Greenfields Agreement, acknowledging its compliance with the Fair Work Act and the principles of good faith bargaining. The agreement was found to offer fair and reasonable terms of employment for the employees involved in the Caval Ridge Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established