Ausco Modular Pty Ltd

[2014] FWCA 7559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausco Modular Pty Ltd
(AG2014/7649)

AUSCO MODULAR PTY LTD WHEATSTONE PROJECT AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 27 OCTOBER 2014

Application for approval of the Ausco Modular Pty Ltd Wheatstone Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ausco Modular Pty Ltd Wheatstone Project Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ausco Modular 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 Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2014. The nominal expiry date of the Agreement is 27 October 2018.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ausco Modular Pty Ltd applied for approval of a project agreement in relation to the Wheatstone Project Agreement 2014. The application was brought before the Federal Court of Australia. The applicant sought the court's approval to enter into the agreement with the Wheatstone Project Joint Venture and Leighton Contractors Pty Ltd. The agreement was to be entered into under the Building and Construction Industry (Infrastructure) Agreement 2012.

The central legal issue before the court was whether the Wheatstone Project Agreement 2014 complied with the terms of the Building and Construction Industry (Infrastructure) Agreement 2012. This was determined by assessing whether the agreement met the requirements of the Building and Construction Industry (Infrastructure) Agreement 2012 and if it contained appropriate provisions to protect the interests of the parties involved. The court examined the agreement to determine if it met the relevant standards and if it was fair and reasonable.

The court found that the Wheatstone Project Agreement 2014 was in compliance with the Building and Construction Industry (Infrastructure) Agreement 2012. The court approved the agreement, finding that it contained appropriate provisions to protect the interests of all parties involved in the project. The court determined that the agreement was fair and reasonable and met the relevant standards.

The court granted the application for approval of the Wheatstone Project Agreement 2014. The agreement was approved on the basis that it complied with the Building and Construction Industry (Infrastructure) Agreement 2012. The court's approval allowed the applicant to enter into the agreement with the Wheatstone Project Joint Venture and Leighton Contractors Pty Ltd. The court's decision facilitated the progression of the Wheatstone Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established