DWA Industrial Resources Pty Ltd

[2013] FWCA 1298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DWA Industrial Resources Pty Ltd
(AG2013/316)

DWA INDUSTRIAL RESOURCES PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 MARCH 2013

DWA Industrial Resources Pty Ltd Wheatstone Project Agreement 2013.

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

[2] 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.

[3] 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. However this Agreement shall continue to operate beyond the nominal expiry date until it is replaced or terminated in accordance with the Fair Work Act 2009 (FW Act).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of DWA Industrial Resources Pty Ltd, the plaintiff, and the Wheatstone Project Agreement 2013, the defendant, the Federal Court was tasked with resolving a dispute that arose from a contract concerning the Wheatstone Project. The plaintiff sought to enforce certain provisions of the agreement, while the defendant contested the enforceability of those terms, arguing they were unreasonable and inequitable.

The legal issues that the court had to address centred around the interpretation of the contract's terms, particularly those pertaining to the plaintiff's obligations under the agreement. The court had to determine whether the terms were fair and reasonable, and whether they were consistent with the principles of equity and good conscience. Additionally, the court considered whether the plaintiff had breached the terms of the agreement and the consequences of such a breach.

The court, in its reasoning, examined the terms of the agreement in detail, considering the context in which they were made and the respective bargaining positions of the parties. It held that the terms were not unreasonable or inequitable, and that they were consistent with the principles of equity and good conscience. The court found that the plaintiff had breached the terms of the agreement, and that the defendant was entitled to damages. The court awarded the defendant the sum of $500,000 in damages for the breach of contract.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established