Total Plumbing & Excavations Pty Ltd

[2013] FWCA 5926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Plumbing & Excavations Pty Ltd
(AG2013/2252)

TOTAL PLUMBING AND EXCAVATIONS PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

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

Application for approval of the Total Plumbing and Excavations Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Total Plumbing and Excavations Pty Ltd Wheatstone Project 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 four years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Total Plumbing & Excavations Pty Ltd applied to the Administrative Appeals Tribunal for approval of the Total Plumbing and Excavations Pty Ltd Wheatstone Project Agreement 2013. The company is an approved contractor for the Wheatstone Project, a liquefied natural gas facility, and sought to amend its agreement to reflect its new role as the sole provider of plumbing and excavation services. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute before the Administrative Appeals Tribunal was whether the amended agreement should be approved, given the union's opposition and concerns about the impact on its members' employment terms.

The tribunal considered whether the amended agreement complied with the relevant legislation and whether it was in the public interest to approve the changes. The primary legal issue was whether the changes to the agreement would have a detrimental effect on the employees of the company and its members. The tribunal examined the terms of the amended agreement, the evidence provided by the parties, and the potential impact on the employees. The tribunal also considered the public interest, including the importance of the Wheatstone Project to the national economy and the need to ensure that the project was completed on time and within budget.

The tribunal found that the amended agreement did not have a detrimental effect on the employees and their members. The tribunal was satisfied that the changes to the agreement were reasonable and in the public interest. The tribunal approved the amended agreement, noting that it would not have a significant impact on the employees or the union. The tribunal also found that the amended agreement complied with the relevant legislation and that the public interest was best served by approving the changes.

The Administrative Appeals Tribunal approved the amended agreement, finding that it was in the public interest and did not have a detrimental effect on the employees or the union. The tribunal noted that the Wheatstone Project was of significant importance to the national economy and that the amended agreement would not hinder its completion. The tribunal's decision provides clarity on the approval process for amended agreements in the context of major infrastructure projects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established