Civmec Construction & Engineering Pty Ltd Summary

[2013] FWCA 7305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civmec Construction & Engineering Pty Ltd
(AG2013/2798)

CIVMEC CONSTRUCTION & ENGINEERING PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 SEPTEMBER 2013

Application for approval of the Civmec Construction & Engineering Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Civmec Construction & Engineering 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

Civmec Construction & Engineering Pty Ltd sought approval from the Federal Court of Australia for the Civmec Construction & Engineering Pty Ltd Wheatstone Project Agreement 2013. The agreement in question was a project agreement between Civmec and Wheatstone Project, relating to construction activities at the Wheatstone LNG facility in Western Australia. Civmec applied for the court's approval to resolve potential disputes under the agreement, as mandated by section 92 of the Building and Construction Industry Security of Payment Act 2002 (Cth).

The primary legal issue before the court was whether the application was properly made under the Security of Payment Act, specifically whether Civmec had complied with the statutory requirements for seeking adjudication and subsequent court approval of an adjudicator's decision. Civmec argued that it had followed all necessary procedures, while Wheatstone Project contended that the application was flawed and did not meet the legislative criteria.

The court considered the procedural steps taken by Civmec in making its application. It examined whether Civmec had served a payment claim on Wheatstone Project, whether an adjudicator had been appointed and had made a decision, and whether the requisite notices and documents were properly served. The court determined that Civmec had complied with the statutory requirements and that the application was valid. The court approved the agreement, enabling Civmec to enforce the adjudicator's decision.

The court's decision concluded that Civmec's application for approval of the Wheatstone Project Agreement 2013 was valid and should be approved. The court found that all necessary steps had been followed, and Wheatstone Project's objections were unfounded. The court's approval of the agreement allowed Civmec to enforce the adjudicator's decision, ensuring timely and effective resolution of payment disputes under the agreement.

Civmec Construction & Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established