DECISION

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

WorkPac Pty Ltd
(AG2020/90)

WORKPAC PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the WorkPac Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the WorkPac Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WorkPac Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry, Maritime, Mining and Energy Union 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 Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[6] The Agreement was approved on 21 February 2020 and, in accordance with s.54, will operate from 28 February 2020. The nominal expiry date of the Agreement is 21 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the matter of WorkPac Pty Ltd, the company applied for approval of the WorkPac Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020. The application was heard by the Fair Work Commission, the relevant authority tasked with overseeing the terms and conditions of employment as per the Fair Work Act 2009. The primary dispute centred around the proposed terms of the enterprise agreement, specifically addressing the working conditions, wages, and benefits for employees under the agreement.

The legal issues before the court included whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. Key considerations involved the fairness and reasonableness of the proposed terms, the process through which the agreement was reached, and whether it met the procedural requirements for approval. The court also had to determine if the agreement provided for adequate protections for employees and if it aligned with the overarching principles of the Act.

The Commission found that the agreement substantially complied with the requirements of the Fair Work Act. The court noted the extensive negotiations and consultation processes undertaken between the parties. While there were some concerns about certain provisions, the Commission concluded that the benefits of the agreement to the employees and the procedural fairness of the agreement-making process outweighed these concerns. The Commission ultimately approved the agreement, highlighting its importance in addressing the specific needs of the workforce in the context of the Esplanade Project. The approval of the agreement was subject to certain conditions aimed at ensuring ongoing compliance and fairness in its implementation.

WorkPac 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