DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Field Services Pty Ltd
(AG2020/3663)

WOOD OFFSHORE ELECTRICAL MAINTENANCE SERVICES GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Wood Offshore Electrical Maintenance Services Greenfields Agreement 2020.

[1] Wood Field Services Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the Wood Offshore Electrical Maintenance Services Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. 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. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[3] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement was approved on 17 December 2020 and, in accordance with s 54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wood Field Services Pty Ltd recently faced a dispute in the Fair Work Commission, where the company sought approval for the Wood Offshore Electrical Maintenance Services Greenfields Agreement 2020. The primary issue revolved around the fairness and appropriateness of certain clauses within the agreement, which were contested by the Maritime Union of Australia. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues that the Commission addressed involved the interpretation and application of various sections of the Fair Work Act. Specifically, the Commission needed to assess if the agreement provided for terms and conditions that were no less favourable than the relevant national workplace determination, and whether it met the "better off overall test". This test required the Commission to consider whether the agreement would leave employees better off overall than if they were covered by the applicable national workplace determination.

In its reasoning, the Commission examined each clause of the agreement in detail, considering submissions from both parties. The Commission found that while some provisions were contentious, the overall agreement provided terms and conditions that were not less favourable than the relevant national workplace determination and met the better off overall test. The Commission concluded that the agreement was fair and reasonable, and thus approved it, allowing it to be registered and enforceable.

The final orders of the Commission included the approval of the Wood Offshore Electrical Maintenance Services Greenfields Agreement 2020, subject to certain conditions and modifications to address specific concerns raised during the hearing. The agreement was to be registered with the Fair Work Commission, and the parties were directed to implement the agreed-upon terms in accordance with the approved document.

Wood Field Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established