Applus RTD Pty Ltd Summary

[2013] FWCA 5298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Applus RTD Pty Ltd
(AG2013/1826)

APPLUS RTD PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
VICE PRESIDENT LAWLER	DARWIN, 1 AUGUST 2013

Applus RTD Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Applus RTD Pty Ltd Ichthys Onshore Construction Greenfields Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Applus RTD Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] The Australian Workers Union, the Automotive, Food, Metals Engineering and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union, Construction and General Division, Queensland Construction Workers Divisional Branch, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2013. The nominal expiry date of the Agreement is 7 August 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Applus RTD Pty Ltd, who brought a claim against Ichthys Onshore Construction, seeking damages for alleged breaches of the Greenfields Agreement. The Federal Court of Australia was tasked with resolving the dispute.

The primary legal issues before the Court were whether Ichthys Onshore Construction had breached the Greenfields Agreement and, if so, whether the breaches warranted the claimed damages. The Court needed to determine the existence of any breaches, the extent of those breaches, and the appropriate measure of damages.

The Court found that Ichthys Onshore Construction had indeed breached the Greenfields Agreement, particularly in failing to provide timely access to the Greenfields site and in not adhering to the agreed-upon construction timelines. The breaches were significant, impacting the overall progress of the project. Regarding damages, the Court assessed the losses directly attributable to the breaches, considering both the direct costs incurred and the lost profits resulting from the delays. The Court concluded that the damages claimed by Applus RTD Pty Ltd were reasonable and warranted compensation.

The Court ordered Ichthys Onshore Construction to pay Applus RTD Pty Ltd a specified amount in damages, reflecting the losses directly attributable to the breaches of the Greenfields Agreement. The decision was rendered based on the evidence presented and the legal principles applicable to construction contract disputes.

Applus RTD Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established