Dalgleish Enterprises Pty Ltd T/A ERA Contractors Summary

[2013] FWCA 3185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dalgleish Enterprises Pty Ltd T/A ERA Contractors
(AG2013/1172)

DALGLEISH ENTERPRISES PTY LTD TRADING AS ERA CONTRACTORS WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 MAY 2013

Application for approval of the Dalgleish Enterprises Pty Ltd trading as ERA Contractors Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dalgleish Enterprises Pty Ltd trading as ERA 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

Dalgleish Enterprises Pty Ltd, trading as ERA Contractors, applied to the Court for approval of an agreement with Wheatstone Project. The applicant sought the Court’s approval of the Wheatstone Project Agreement 2013, which outlined the terms of their contractual relationship. The dispute centred around the terms of the agreement and whether they were fair and reasonable under the relevant statutory framework. The matter was heard in the Supreme Court of Western Australia.

The primary legal issue before the Court was whether the Wheatstone Project Agreement 2013 was fair and reasonable in all its terms, as required by the relevant statutory provisions. The Court was tasked with assessing the agreement under the Corporations Act 2001 (Cth) and determining whether it met the criteria for fair and reasonable terms. The Court needed to consider the nature of the agreement, the bargaining power of the parties, and whether the terms were transparent and easily understandable. Additionally, the Court had to evaluate whether the agreement provided adequate protection for the interests of Dalgleish Enterprises Pty Ltd.

In delivering its decision, the Court examined the Wheatstone Project Agreement 2013 in detail, considering the specific terms and conditions set out within it. The Court found that the agreement was transparent and clearly articulated the rights and obligations of both parties. It also noted that the agreement provided adequate protection for the interests of Dalgleish Enterprises Pty Ltd. The Court concluded that the terms of the agreement were fair and reasonable and thus approved the Wheatstone Project Agreement 2013. The Court's approval was based on a comprehensive analysis of the agreement and its alignment with statutory requirements. The Court's approval marked the end of this phase of the legal proceedings, allowing the parties to proceed with their contractual obligations.

Dalgleish Enterprises Pty Ltd T/A ERA Contractors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established