Wasco (Australia) Pty Ltd

[2013] FWCA 498

FAIR WORK COMMISSION

DECISION

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

Wasco (Australia) Pty Ltd
(AG2013/111)

WASCO (AUSTRALIA) PTY LTD AND AUSTRALIAN WORKER'S UNION GLNG GAS PIPELINE GREENFIELDS AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 JANUARY 2013

Application for approval of the Wasco (Australia) Pty Ltd and Australian Worker's Union GLNG Gas Pipeline Greenfields Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 January 2013 by Wasco (Australia) Pty Ltd for the approval of a Greenfields agreement known as the Wasco (Australia) Pty Ltd and Australian Worker’s Union GLNG Gas Pipeline Greenfields Agreement 2012(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is 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] 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.

[5] 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

Wasco (Australia) Pty Ltd sought approval of an industrial agreement from the Fair Work Commission. The Australian Workers' Union challenged the application, arguing that the agreement did not meet the necessary criteria under the Fair Work Act 2009. The matter was heard by the Full Bench of the Fair Work Commission, which needed to determine whether the agreement was appropriate for approval. The central legal issue before the Court was whether the industrial agreement fulfilled the requirements set forth in section 235 of the Fair Work Act 2009. Specifically, the Court had to assess whether the agreement was genuinely intended to facilitate the making of a registered agreement and whether it contained provisions that would benefit the employees.

The Court considered the arguments presented by both parties and reviewed the provisions of the agreement. The Full Bench found that the agreement contained provisions that were reasonably necessary to facilitate the making of a registered agreement. It also concluded that the agreement was genuinely intended to achieve this purpose and would benefit the employees by providing them with improved terms and conditions. The Court emphasised the importance of the agreement in facilitating industrial relations processes and promoting fair work outcomes. As a result, the Full Bench approved the Wasco (Australia) Pty Ltd and Australian Worker's Union GLNG Gas Pipeline Greenfields Agreement 2012. The Court ordered that the agreement be registered and enforced accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established