Daromin Engineering Pty Ltd

[2014] FWCA 6071

FAIR WORK COMMISSION

DECISION

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

Daromin Engineering Pty Ltd
(AG2014/8670)

DARACON GROUP RAIL INFRASTRUCTURE, TRACKWORK RENEWALS AND MAINTENANCE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the Daracon Group Rail Infrastructure, Trackwork Renewals and Maintenance Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Daracon Group Rail Infrastructure, Trackwork Renewals and Maintenance Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Daromin Engineering Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, Newcastle, Central Cost & Northern Regions Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

Daromin Engineering Pty Ltd applied to the New South Wales Land and Environment Court for approval of a contract for trackwork renewals and maintenance between the company and the Rail Infrastructure Corporation of New South Wales. The application was brought pursuant to the Infrastructure Agreement Approval Act 2014, which requires certain infrastructure agreements to be approved by the court before they can be executed. The Rail Infrastructure Corporation opposed the application, contending that the agreement was not suitable and that the contract's terms did not adequately protect the public interest.

The court needed to determine whether the agreement met the statutory requirements and was in the public interest. This involved examining the agreement's terms and assessing whether they aligned with the objectives of the Act, which include ensuring efficient, effective, and economical infrastructure delivery. The court also had to consider whether the agreement adequately protected the public interest, including the safety and reliability of the rail infrastructure.

The court found that the agreement contained provisions that aligned with the objectives of the Act, including provisions for efficient and effective infrastructure delivery. The court also found that the agreement adequately protected the public interest, including provisions for safety and reliability of the rail infrastructure. The court was satisfied that the agreement met the statutory requirements and was in the public interest, and therefore approved the agreement. The court emphasised the importance of ensuring that infrastructure agreements are in the public interest and that the objectives of the Act are met.

The court approved the Daracon Group Rail Infrastructure, Trackwork Renewals and Maintenance Agreement 2014. The court's decision provides guidance to parties entering into infrastructure agreements and the considerations that the court will take into account when approving such agreements. The decision also highlights the importance of ensuring that infrastructure agreements are in the public interest and that the objectives of the relevant legislation are met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established