DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Telum Civil Projects (Qld) Pty Ltd
(AG2015/2770)

TELUM CIVIL PROJECTS (QLD) PTY LTD GREENFIELD AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 30 JUNE 2015

Application for approval of the Telum Civil Projects (Qld) Pty Limited Greenfield Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Telum Civil Projects (Qld) Pty Limited Greenfield Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Telum Civil Projects (Qld) Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of s.172(2)(b) of the Act are met. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the AWU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Telum Civil Projects (Qld) Pty Ltd sought approval for the Greenfield Agreement 2015 from the Fair Work Commission. This agreement related to the employment terms of workers in the civil construction industry. The application arose from negotiations between Telum Civil Projects and unions representing the employees. The unions contested the terms, arguing they did not adequately protect employee interests.

The central legal issues before the Commission were whether the terms of the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether the agreement would have a detrimental effect on employees. The Commission had to consider whether the agreement provided for fair and reasonable terms, including wages, conditions, and dispute resolution mechanisms.

In assessing the application, the Commission examined the terms of the agreement in detail, focusing on wage rates, working conditions, and the dispute resolution framework. The Commission found that while some aspects of the agreement were contentious, the overall terms provided a fair and reasonable balance of interests. The agreement included provisions for wage increases, improved working conditions, and a structured process for resolving disputes. The Commission concluded that the agreement would not have a detrimental effect on employees and approved it.

The Fair Work Commission approved the Telum Civil Projects (Qld) Pty Ltd Greenfield Agreement 2015, noting that it provided fair and reasonable terms for employees in the civil construction industry. The agreement was set to commence on the date of the decision and would apply to the relevant employees for the specified period. The Commission's decision was based on its finding that the overall terms of the agreement met the statutory requirements and did not adversely affect the employees.

Telum Civil Projects (Qld) 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