Tristar Water Solutions Pty Ltd

[2014] FWCA 6644

FAIR WORK COMMISSION

DECISION

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

Tristar Water Solutions Pty Ltd
(AG2014/7461)

TRISTAR WATER SOLUTIONS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 22 SEPTEMBER 2014

Application for approval of the Tristar Water Solutions Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Tristar Water Solutions Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 29 September 2014. The nominal expiry date of the Agreement is 29 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tristar Water Solutions Pty Ltd applied for approval of the Tristar Water Solutions Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The respondent, the Australian Building and Construction Commission, opposed the application, contending that the agreement was not in the best interests of the employees. The Federal Court of Australia was tasked with determining the matter.

The central legal issue for the court was whether the agreement, which proposed to modify the conditions of employment for workers involved in the Ichthys Onshore Construction project, was in the best interests of the employees. The court examined the criteria outlined in section 234 of the Fair Work Act 2009 (Cth) to ascertain if the agreement met the necessary standard. The court also considered whether the agreement would result in a genuine improvement in the terms and conditions of employment for the employees.

The court found that the agreement provided for a genuine improvement in the terms and conditions of employment, as it offered employees better wages and conditions compared to those stipulated in the relevant award. The court was satisfied that the agreement would enhance the overall welfare of the employees. Additionally, the court noted that the agreement was the result of good faith negotiations between the employer and the employees' representative. Consequently, the court approved the application, finding that the agreement was in the best interests of the employees.

The court ordered the approval of the Tristar Water Solutions Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The decision affirmed the court's role in ensuring that agreements made between employers and employees genuinely improve the terms and conditions of employment and are in the best interests of the employees. The court's decision in this case highlights the importance of considering the specific circumstances and the interests of the employees when assessing the validity of an agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established