Workers' Educational Association Hunter T/A WEA Hunter

[2014] FWCA 7999

FAIR WORK COMMISSION

DECISION

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

MAS Australasia Pty Ltd
(AG2014/9571)

MAS AUSTRALASIA PTY LTD (WOODSIDE) ONSHORE AND OFFSHORE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the MAS Australasia Pty Ltd (Woodside) Onshore and Offshore Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MAS Australasia Pty Ltd (Woodside) Onshore and Offshore Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by MAS Australasia 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 Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisations to be covered by the agreement, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 10 November 2014 and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 17 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Workers' Educational Association Hunter T/A WEA Hunter sought the approval of the MAS Australasia Pty Ltd (Woodside) Onshore and Offshore Agreement 2014 from the Fair Work Commission. The dispute centred around whether the agreement, which aimed to govern the terms and conditions of employment for employees of MAS Australasia, was made in the requisite good faith as required under the Fair Work Act 2009. The Fair Work Commission was the forum in which these issues were ventilated.

The primary legal issue before the Commission was whether the agreement had been made in good faith, as mandated by section 233 of the Fair Work Act 2009. The Commission had to determine if the process of bargaining and the content of the agreement reflected a genuine attempt by the parties to negotiate the terms of employment in an open and honest manner. Additionally, the Commission examined whether the agreement adequately addressed the interests of the employees and whether there was any undue influence or coercion exerted by the employer.

The Fair Work Commission found that the agreement had indeed been made in good faith. The evidence presented demonstrated that the bargaining process was conducted openly and transparently, with both parties engaging in substantive discussions. The Commission acknowledged the complexity of the agreement, which was comprehensive in covering a wide range of employment conditions. Furthermore, the Commission was satisfied that the agreement fairly represented the interests of the employees and did not contain any provisions that were detrimental to them. Based on these findings, the Commission approved the agreement.

The Fair Work Commission's approval of the MAS Australasia Pty Ltd (Woodside) Onshore and Offshore Agreement 2014 was made effective from the date of the decision, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established