DECISION

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

WorkPac Pty Ltd
(AG2014/8264)

WORKPAC PTY LTD EAST COAST RAIL GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 DECEMBER 2014

Application for approval of the WorkPac Pty Ltd East Coast Rail Greenfield Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 November 2014 by WorkPac Pty Ltd for the approval of a Greenfields agreement known as the WorkPac Pty Ltd East Coast Rail Greenfield Agreement 2014(“the Agreement”).

[2] A statutory declaration was provided by Mr A. Barden, Assistant National Secretary, of the Australian Rail, Tram and Bus Industry Union (“the ARTBIU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the ARTBIU 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 and that it is in the public interest to approve the Agreement.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, WorkPac Pty Ltd applied for approval of the WorkPac Pty Ltd East Coast Rail Greenfield Agreement 2014. The agreement aimed to establish a new enterprise agreement between WorkPac and its employees engaged in the rail industry. The dispute arose from the negotiation process and the subsequent contents of the proposed agreement, which some employees argued did not adequately address their concerns or provide fair terms.

The central legal issues before the Commission involved the procedural fairness of the negotiation process and whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, and whether it provided for terms and conditions that were fair and reasonable for the employees. The Commission also considered whether the agreement appropriately balanced the interests of both parties.

In its decision, the Commission examined the evidence provided by both WorkPac and the employees. The Commission found that the negotiation process had generally been conducted in good faith, with both parties engaging in discussions and making reasonable efforts to reach an agreement. Regarding the contents of the agreement, the Commission assessed whether the terms and conditions were fair and reasonable. After considering various submissions and the evidence presented, the Commission concluded that the agreement, while not perfect, was fair and reasonable overall and provided for terms that were appropriate in the circumstances. The Commission approved the WorkPac Pty Ltd East Coast Rail Greenfield Agreement 2014.

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