WK & MA Ferguson Pty Ltd

[2014] FWCA 2539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WK & MA Ferguson Pty Ltd
(AG2014/788)

THE LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2014 BETWEEN WK & MA FERGUSON PTY LTD AND THE CFMEU

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 15 APRIL 2014

Application for approval of The Longford Gas Conditioning Plant Project Construction Agreement 2014 between WK & MA Ferguson Pty Ltd and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as The Longford Gas Conditioning Plant Project Construction Agreement 2014 between WK & MA Ferguson Pty Ltd and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WK & MA Ferguson Pty Ltd. The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the 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] In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2014. The nominal expiry date of the Agreement is 14 April 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WK & MA Ferguson Pty Ltd applied for approval of the Longford Gas Conditioning Plant Project Construction Agreement 2014 with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made in the Federal Court of Australia, where the court was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The central issue was whether the agreement adequately addressed the provisions of section 235 of the Act, which mandates that a registered agreement must not discriminate against individuals based on their union membership or activities.

The court examined the specific provisions of the agreement to assess if it contained any discriminatory clauses that would contravene section 235. It was important to determine whether the agreement allowed for non-union members to be subject to different terms and conditions of employment compared to union members. The court also looked into whether the agreement provided a fair and balanced framework for both union and non-union members. In its reasoning, the court found that the agreement did not contain any discriminatory provisions and adequately protected the rights of both union and non-union members. It was concluded that the agreement complied with the statutory requirements under section 235 of the Fair Work Act 2009.

Consequently, the court approved the Longford Gas Conditioning Plant Project Construction Agreement 2014, confirming its compliance with the legal standards set forth by the Fair Work Act 2009. The court's approval allowed the agreement to be registered, thereby providing a legally binding framework for the construction project. This decision ensured that both union and non-union members were treated fairly, and the project could proceed without the hindrance of legal disputes concerning the agreement's compliance.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established