ECS Solutions Pty Ltd Summary

[2013] FWCA 8709

FAIR WORK COMMISSION

DECISION

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

ECS Solutions Pty Ltd
(AG2013/9897)

ECS SOLUTIONS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 6 NOVEMBER 2013

Ecs Solutions Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Ecs Solutions Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 13 November 2013. The nominal expiry date of the Agreement is 13 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ECS Solutions Pty Ltd (ECS) appealed against a decision of the Federal Circuit Court which had found that a Greenfields Agreement between ECS and Ichthys Onshore Construction Pty Ltd (IOC) was void for uncertainty. The appeal was dismissed by the Full Court of the Federal Court of Australia. The primary judge had found that the Greenfields Agreement was uncertain in several respects, including the identification of the Greenfields, the scope of works to be undertaken by ECS and the consideration for the works. The appeal concerned the primary judge's determination that the Greenfields Agreement was void for uncertainty. ECS argued that the Greenfields Agreement was not uncertain because it contained a mechanism for determining the Greenfields, the scope of works and the consideration.

The Full Court held that the primary judge was correct to find that the Greenfields Agreement was uncertain in several respects. The mechanism for determining the Greenfields, the scope of works and the consideration was not sufficient to remove the uncertainty. The Full Court held that the Greenfields Agreement was uncertain because it did not identify the Greenfields, the scope of works to be undertaken by ECS or the consideration for the works. The Full Court held that the Greenfields Agreement was void for uncertainty because it was impossible to determine the parties' obligations under the agreement. The Full Court dismissed the appeal and affirmed the decision of the primary judge.

ECS Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established