DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WorkPac Pty Ltd
(AG2018/2320)

WORKPAC PTY LTD - SUBMARINES - SOUTH AUSTRALIA AGREEMENT 2018

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

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

[1] An application has been made for approval of an enterprise agreement known as the WorkPac Pty Ltd - Submarines - 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union 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 24 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, WorkPac Pty Ltd, sought the court's approval of a new enterprise agreement titled "WorkPac Pty Ltd - Submarines - South Australia Agreement 2018." This agreement was designed to regulate the employment terms of workers at the Osborne Naval Shipyard in South Australia. The application was contested by the Australian Council of Trade Unions, which argued that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The court was required to determine whether the agreement satisfied the legal requirements for approval, including whether it provided fair and reasonable terms and conditions of employment.

The court examined the provisions of the agreement and the evidence presented by both parties. It focused on whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account factors such as the nature of the work, the level of skill required, and the need for flexibility and adaptability in the workforce. The court also considered the extent to which the agreement provided for the fair and reasonable resolution of workplace disputes and whether it complied with the procedural fairness requirements of the Fair Work Act. After evaluating the evidence and arguments, the court concluded that the agreement met the necessary criteria for approval.

The court found that the agreement provided fair and reasonable terms and conditions of employment for the workers at the Osborne Naval Shipyard. It was satisfied that the agreement addressed the specific needs of the workforce and provided for the fair and reasonable resolution of workplace disputes. The court also determined that the agreement complied with the procedural fairness requirements of the Fair Work Act. Consequently, the court approved the "WorkPac Pty Ltd - Submarines - South Australia Agreement 2018" as an enterprise agreement under the Fair Work Act. This decision ensures that the agreement will govern the employment terms of the workers at the shipyard, providing a framework for their working conditions and dispute resolution.

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