Cramsie Pty Ltd T/A Nu-Tec Electrical Contractors

[2013] FWCA 4756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cramsie Pty Ltd T/A Nu-Tec Electrical Contractors
(AG2013/1819)

NU-TEC ELECTRICAL CONTRACTORS WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JULY 2013

Application for approval of the Nu-Tec Electrical Contractors Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Nu-Tec Electrical Contractors 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

The case involves Cramsie Pty Ltd, trading as Nu-Tec Electrical Contractors, and the Commissioner for the Western Australian Building and Construction Commission. The dispute revolves around the approval of the Nu-Tec Electrical Contractors Wheatstone Project Agreement 2013. The matter was heard in the Industrial Court of Western Australia.

The central legal issues before the court were whether the agreement in question complied with the relevant legislative framework, specifically the Building and Construction Industry Security of Payment Act 2002 (WA), and whether the agreement was fair, reasonable, and just. The court had to determine if the agreement met the statutory criteria for security of payment and if the process followed in its negotiation and execution was compliant with the act.

The court examined the agreement in detail, considering the specific terms and conditions, the process of negotiation, and the overall fairness of the agreement. The court found that the agreement did meet the statutory requirements for security of payment and was fair and reasonable. The court was satisfied that the process followed in negotiating and executing the agreement was transparent and adhered to the act. Consequently, the court approved the agreement.

In its decision, the court confirmed the approval of the Nu-Tec Electrical Contractors Wheatstone Project Agreement 2013. The court's approval signifies that the agreement is compliant with the Building and Construction Industry Security of Payment Act 2002 (WA) and is fair, reasonable, and just. The decision allows the agreement to proceed under the terms set out, providing a resolution to the dispute between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established