[2012] FWAA 6089 Download Word Document FAIR WORK AUSTRALIA DECISION Fair Work Act 2009 s 185 - Application for approval of a greenfields agreement Meales Concrete Pumping (Qld) Pty Ltd (AG2012/6960) MEALES CONCRETE PUMPING (QLD) PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT Northern Territory DEPUTY PRESIDENT SAMS SYDNEY, 19 JULY 2012 Application for approval of the Meales Concrete Pumping (Qld) Pty Ltd Ichthys Onshore Construction Greenfields Agreement. [1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Meales Concrete Pumping (Qld) Pty Ltd (‘the ‘applicant’) which seeks the approval of Fair Work Australia (‘FWA’) of a greenfields agreement to be known as the Meales Concrete Pumping (QLD) Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the ‘Agreement’). The Agreement was negotiated with the following Unions: ● Australian Workers’ Union (AWU); ● Automotive, Food, Metals, Engineering and Kindred Industries Union (AMWU); ● Construction, Forestry, Mining and Energy Union of Australia (CFMEU); and ● Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)(the ‘Unions’) The Agreement was formally made on 20 June 2012. The Agreement is to cover craft and construction employees on the Ichtys Onshore Construction Project engaged in on site construction work, on site commissioning work and onshore marine construction work and related activities at the marine offloading facility at Blaydin Point, Northern Territory. [1] In the Employer’s declaration in support of the application (Form 20) Mr G Schloss - Northern Territory Manager, identified the Building and Construction General On-site Award [ MA000020 ] (the Award) as the relevant reference instrument for the purposes of the Better Off Overall Test (BOOT). It was said that the Agreement does not contain any terms or conditions detrimental to the prospective employees when compared to the Award and the National Employment Standards (‘NES’). It provides for a number of other conditions which, either replicate current industry standards, or are significantly in excess of, or are more beneficial, than the terms of the relevant reference instrument, specifically higher wages and allowances. The Agreement provides a 2.5% increase to wages (or CPI, whichever is greater) every six months during its nominal term. I note the Agreement also provides for a $4 an hour ‘Darwin Allowance’. I am satisfied that the Agreement satisfies the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 25 and 24 respectively and a disputes resolution procedure at clause 18 provides for conciliation / mediation and binding arbitration by FWA. [2] At a telephone hearing of the application on 17 July 2012, Ms Z Angus appeared on behalf of the AWU, Ms L Butler for the AMWU, Mr T O’Brien for the CFMEU and Ms P Rogers appeared on behalf of the CEPU. There was no appearance for, or on behalf of the applicant. The Unions have all filed Declarations in support of the application (Form 21). Pursuant to s 187(5)(a) of the Act, I am satisfied that the Unions are entitled to represent the respective industrial interests of the employees who will be covered by the Agreement. During the hearing, the Unions outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by FWA. Ms Rogers noted that in addition to higher wages and allowances, another more beneficial feature of the agreement is in respect to redundancy. [3] Having heard the Unions’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 186 and 187, in so far as relevant to this application, have been met. Pursuant to s 187(5)(b) of the Act, I am further satisfied that it is in the public interest to approve this Agreement. Accordingly, I approve a single-enterprise greenfields agreement known as the Meales Concrete Pumping (QLD) Pty Ltd Ichthys Onshore Construction Greenfields Agreement. Pursuant to s 54 of the Act, the Agreement shall operate from 24 July 2012 and have a nominal expiry date of 23 July 2016. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, AE895466 PR526457>