Top End Line Markers Pty Ltd

[2013] FWCA 2169

FAIR WORK COMMISSION

DECISION

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

Top End Line Markers Pty Ltd
(AG2013/819)

TOP END LINE MARKERS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 APRIL 2013

Application for approval of the Top End Line Markers Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Top End Line Markers Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Top End Line Markers Pty Ltd, the Australian Workers’ Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 18 April 2013. The nominal expiry date of the Agreement is 10 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Top End Line Markers Pty Ltd, the applicant sought approval for the Ichthys Onshore Construction Greenfields Agreement. The applicant, a company involved in the provision of line marking services, entered into the agreement with the operator of the Ichthys LNG Project to provide services at the Greenfields site. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for the fair and equitable treatment of employees and whether it was consistent with the overarching objectives of the Fair Work Act. Specifically, the Commission had to assess whether the agreement ensured appropriate protections for employees, including minimum wages and conditions, and whether it allowed for the resolution of disputes in a fair and efficient manner. Additionally, the Commission needed to consider whether the agreement adequately balanced the interests of the parties involved.

In reaching its decision, the Commission considered the terms of the agreement, the evidence presented by the parties, and relevant legal principles. The Commission found that the agreement provided for fair and equitable treatment of employees, ensuring compliance with minimum wage and condition standards. It also found that the agreement included provisions for the resolution of disputes through mechanisms that were fair and efficient. The Commission concluded that the agreement was consistent with the objectives of the Fair Work Act and approved it.

Consequently, the Commission approved the Ichthys Onshore Construction Greenfields Agreement, recognising it as meeting the necessary standards for fair and equitable treatment of employees and for the efficient resolution of disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established