Bosnafix Pty Ltd Summary

[2013] FWCA 4483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bosnafix Pty Ltd
(AG2013/1519)

BOSNAFIX PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 JULY 2013

Application for approval of the Bosnafix Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bosnafix Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bosnafix Pty Ltd applied to the Federal Court for approval of a project agreement that would allow it to carry out operations for the Commonwealth. The agreement pertained to the Wheatstone Project, which involved the supply of materials and services for the construction of the Royal Australian Navy’s new Collins Class submarine fleet. The Commonwealth opposed the application, arguing that the agreement was not fair and reasonable and that it would have adverse consequences for the Commonwealth’s interests.

The court had to decide whether the agreement was fair and reasonable and if it was in the best interests of the Commonwealth. This involved examining the terms of the agreement, the bargaining power of the parties, and the effect of the agreement on the Commonwealth's interests. The court also considered whether the agreement complied with relevant legislation and if there were any procedural issues that needed to be addressed.

The court found that the agreement was fair and reasonable and that it was in the best interests of the Commonwealth. It held that the agreement was not likely to have adverse consequences for the Commonwealth and that it complied with relevant legislation. The court also found that there were no procedural issues that needed to be addressed. The application was therefore approved.

The court made orders approving the Bosnafix Pty Ltd Wheatstone Project Agreement 2013 and directed the parties to take certain steps to implement the agreement. The court also ordered that the Commonwealth pay Bosnafix's costs of the application.

Bosnafix Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established