Westside Offshore WA Pty Ltd Summary

[2013] FWCA 9935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westside Offshore WA Pty Ltd
(AG2013/10070)

WESTSIDE OFFSHORE WA PTY LTD - AMWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Westside Offshore WA 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 Westside Offshore WA Pty Ltd - AMWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Westside Offshore WA Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 18 December 2013 and, in accordance with s.54, will operate from 25 December 2013. 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

The matter before the Fair Work Commission involved an application by Westside Offshore WA Pty Ltd for approval of the Westside Offshore WA Pty Ltd – Australian Manufacturing Workers’ Union (AMWU) – Gorgon Project – Barrow Island Greenfields Agreement 2013. The application sought to have the agreement registered under the Fair Work Act 2009 as an enterprise agreement that applied to the employees of Westside Offshore WA Pty Ltd. The AMWU and the employer both made submissions in support of the approval, while no other party opposed the application.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as an enterprise agreement under the Fair Work Act. Specifically, the Commission had to determine whether the agreement had been made in good faith and whether it contained only matters that were negotiable between the employer and the employees. The Commission also considered whether the agreement complied with the procedural requirements set out in the Act, including whether proper consultation had taken place and whether the agreement was made in accordance with the minimum standards prescribed by the Fair Work Act.

In reaching its decision, the Commission noted that the agreement had been negotiated in good faith and that it contained only matters that were negotiable between the parties. The Commission also found that the agreement complied with the procedural requirements of the Act, including the requirement for proper consultation. The Commission was satisfied that the agreement met all of the criteria for approval under the Fair Work Act and accordingly approved the agreement as an enterprise agreement.

The Commission's decision was significant because it provided guidance on the criteria for approving enterprise agreements under the Fair Work Act. The decision also highlighted the importance of proper consultation and good faith bargaining in the negotiation of enterprise agreements. The approval of the agreement in this case was an important step towards the successful completion of the Gorgon Project on Barrow Island.

Westside Offshore WA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established