Top End Trenching & Communications Pty Ltd

[2013] FWCA 2744

FAIR WORK COMMISSION

DECISION

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

Top End Trenching & Communications Pty Ltd
(AG2013/943)

TOP END TRENCHING & COMMUNICATIONS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 3 MAY 2013

Application for approval of the Top End Trenching & Communications Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Top End Trenching & Communications Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Top End Trenching & Communications 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 10 May 2013. The nominal expiry date of the Agreement is 2 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Top End Trenching & Communications Pty Ltd, applied to the Federal Circuit and Family Court for approval of an agreement under the federal workplace relations framework. The agreement, known as the Ichthys Onshore Construction Greenfields Agreement, was entered into with a number of trade unions representing employees involved in the onshore construction of the Ichthys LNG project. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not comply with the relevant legislation.

The central legal issue for the court was whether the agreement met the statutory requirements for approval, including whether it contained terms that would have the effect of facilitating, assisting, organising or promoting a protected industrial action. The court had to examine the terms of the agreement and assess whether they were contrary to the public interest or had the potential to undermine the operation of the federal workplace relations system.

The court held that the agreement did not contain terms that would facilitate or assist protected action, and therefore did not pose a risk to the federal workplace relations system. The court also found that the agreement was not contrary to the public interest, as it provided for a fair and efficient resolution of workplace disputes and promoted productivity and economic growth. The court approved the agreement, noting that it was in the best interests of the employees and the employer, as well as the wider community.

The court's decision was based on a careful analysis of the statutory provisions and the specific terms of the agreement. The court found that the agreement was consistent with the objectives of the federal workplace relations framework and did not contain any provisions that would undermine the system. The court also noted that the agreement had been negotiated in good faith between the parties and reflected the needs and interests of both employers and employees. The court's approval of the agreement ensures that it can be implemented and enforced, providing certainty and stability to all parties involved in the Ichthys LNG project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established