Black Cat Aus Pty Ltd

[2014] FWCA 5142

FAIR WORK COMMISSION

DECISION

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

Black Cat Aus Pty Ltd
(AG2014/1630)

BLACK CAT AUS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 30 JULY 2014

Application for approval of the Black Cat Aus Pty Ltd Ichthys Onshore construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Black Cat Aus Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 6 August 2014. The nominal expiry date of the Agreement is 6 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Black Cat Aus Pty Ltd, the Federal Court was tasked with considering the approval of the Ichthys Onshore construction Greenfields Agreement. The Applicant, Black Cat Aus Pty Ltd, sought approval from the Federal Court for the proposed agreement, which pertains to the construction of an onshore facility in Greenfields. The primary dispute centred on whether the terms of the agreement were fair and reasonable and whether they complied with relevant legislative provisions.

The court was required to examine the terms and conditions of the Greenfields Agreement, specifically focusing on whether they were just and reasonable and met the criteria set out in the relevant legislation. The Applicant argued that the agreement was fair and reasonable, while no objections were raised by any other party. The court needed to determine whether the agreement met the statutory requirements and whether it was in the best interest of the parties involved.

In delivering its judgment, the court found that the terms of the Greenfields Agreement were fair and reasonable, and they complied with the relevant statutory provisions. The court considered the nature of the agreement, the parties' bargaining positions, and the commercial reasonableness of the terms. After a thorough analysis, the court concluded that the agreement met the necessary criteria and approved the agreement. The court's decision was based on the evidence presented and the absence of any objections from other parties.

The Federal Court approved the Ichthys Onshore construction Greenfields Agreement between Black Cat Aus Pty Ltd and the relevant parties. The court found the agreement to be fair and reasonable, meeting the criteria set out in the relevant legislation. The approval of the agreement allows for the continued development and construction of the onshore facility in Greenfields.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established