DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WorkPac Pty Ltd
(AG2018/2323)

WORKPAC PTY LTD - SHIPBUILDING - SOUTH AUSTRALIA AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the WorkPac Pty Ltd - Shipbuilding - South Australia Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WorkPac Pty Ltd - Shipbuilding - South Australia Agreement 2018 (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. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 27 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, WorkPac Pty Ltd, sought approval for the WorkPac Pty Ltd - Shipbuilding - South Australia Agreement 2018 from the Fair Work Commission. The dispute revolved around whether the proposed agreement met the criteria for registration under the Fair Work Act 2009, specifically in terms of its coverage, impact on employees' rights, and compliance with procedural fairness requirements.

The legal issues before the Commission involved determining whether the agreement was genuinely intended to be an enterprise agreement, whether it was made without coercion, and whether the procedural fairness requirements were met. Key considerations included whether the agreement covered the appropriate bargaining unit and whether the negotiation process was fair and transparent.

The Commission found that the agreement was genuine and not made under duress. It satisfied the coverage requirements and did not disadvantage employees in terms of their rights and protections. The procedural fairness was upheld as the negotiation process was transparent and adhered to the statutory provisions. The Commission was satisfied that the agreement met all the necessary criteria for approval and could be registered.

The Fair Work Commission approved the WorkPac Pty Ltd - Shipbuilding - South Australia Agreement 2018 for registration, effective from the date of the decision. The Commission's approval was based on its determination that the agreement was genuine, met the coverage requirements, and did not adversely affect the employees' rights and protections. The registration was ordered to be recorded on the Register of Approved Agreements.

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