Total AMS Pty Ltd

[2013] FWCA 8203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total AMS Pty Ltd
(AG2013/10634)

TOTAL AMS PTY LTD - AMWU - GORGON PROJECT BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 OCTOBER 2013

Application for approval of the Total AMS Pty Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Total AMS Pty Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total AMS Pty Ltd was before the Fair Work Commission, where the application for approval of the Total AMS Pty Ltd – AMWU – Gorgon Project – Barrow Island Greenfields Agreement 2013 was the subject of contention. The application was brought by Total AMS Pty Ltd, with the Australian Manufacturing Workers' Union (AMWU) responding. The agreement in question pertained to the Gorgon Project on Barrow Island, which aimed to establish Greenfields, a facility for the processing of natural gas. The crux of the dispute was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues central to the case revolved around whether the agreement was genuinely bargained for, contained the necessary provisions as per the Fair Work Act, and if it provided for the fair treatment of employees. Specifically, the Commission examined the process through which the agreement was formed, ensuring it was the product of genuine collective bargaining. The agreement's compliance with the Act's requirements, including the terms and conditions it stipulated, was also scrutinized. Furthermore, the fairness of the agreement to employees, including its impact on their rights and obligations, was a key consideration.

In reaching its decision, the Fair Work Commission delved into the procedural integrity of the agreement's formation. It assessed the evidence presented regarding the collective bargaining process, concluding that the agreement was indeed the result of genuine negotiations. The Commission found that the agreement complied with the statutory provisions of the Fair Work Act and contained all the requisite terms and conditions. It also determined that the agreement was fair and balanced, ensuring that the rights and obligations of employees were appropriately addressed. Consequently, the Commission approved the Total AMS Pty Ltd – AMWU – Gorgon Project – Barrow Island Greenfields Agreement 2013, recognising it as a valid and effective enterprise agreement.

The final orders of the Commission were that the Total AMS Pty Ltd – AMWU – Gorgon Project – Barrow Island Greenfields Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This decision marked the agreement as valid and enforceable, providing a framework for the terms and conditions of employment for the workers involved in the Gorgon Project on Barrow Island.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established