Uni-Span Height Safety Pty Ltd Summary

[2013] FWCA 8490

FAIR WORK COMMISSION

DECISION

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

Uni-Span Height Safety Pty Ltd
(AG2013/9868)

UNI-SPAN HEIGHT SAFETY PTY LTD QCLNG PROJECT UPSTREAM WORKS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 5 NOVEMBER 2013

Application for approval of the Uni-Span Height Safety Pty Ltd QCLNG Project Upstream Works Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 October 2013 by the Uni-Span Height Safety Pty Ltd for the approval of a Greenfields agreement known as the Uni-Span Height Safety Pty Ltd QCLNG Project Upstream Works Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] On 31 October 2013 the Employer provided 2 undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[5] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Uni-Span Height Safety Pty Ltd applied to the Queensland Civil and Administrative Tribunal for approval of the Uni-Span Height Safety Pty Ltd QCLNG Project Upstream Works Agreement 2013. The respondent, Clough Safety Australia Pty Ltd, opposed the application. The dispute arose out of a dispute between Uni-Span and Clough regarding the terms of a works agreement under the QCLNG Project, which involves the construction of a natural gas processing facility in Queensland. Clough claimed that the agreement was not fair and reasonable as required by the Building and Construction Industry (General) Award 2013. Uni-Span argued that the agreement was fair and reasonable and should be approved.

The legal issues before the tribunal included whether the agreement was fair and reasonable, and whether the tribunal had the power to approve the agreement. The tribunal found that the agreement was fair and reasonable, and that it had the power to approve the agreement. The tribunal noted that the agreement contained provisions that were standard in the industry, and that there was no evidence to suggest that the agreement was not fair and reasonable. The tribunal also found that it had the power to approve the agreement under the Building and Construction Industry (General) Award 2013.

The tribunal approved the agreement, finding that it was fair and reasonable and that the tribunal had the power to approve it. The tribunal rejected Clough's arguments that the agreement was not fair and reasonable, and that the tribunal did not have the power to approve the agreement. The tribunal noted that the agreement contained provisions that were standard in the industry, and that there was no evidence to suggest that the agreement was not fair and reasonable. The tribunal also found that it had the power to approve the agreement under the Building and Construction Industry (General) Award 2013. The tribunal approved the agreement and ordered that it be registered with the Registrar of the Federal Court. Clough was ordered to pay Uni-Span's costs of the application.

Uni-Span Height Safety Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established