Expo Holdings Pty Ltd T/A Gascoyne Power

[2013] FWCA 7306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Expo Holdings Pty Ltd T/A Gascoyne Power
(AG2013/2801)

GASCOYNE POWER WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 SEPTEMBER 2013

Application for approval of the Gascoyne Power Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gascoyne Power 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

In the matter of Expo Holdings Pty Ltd trading as Gascoyne Power, the applicant sought approval of the Gascoyne Power Wheatstone Project Agreement 2013. The respondent, the Western Australian Minister for Commerce, opposed the application on the basis that it did not comply with certain statutory requirements. The case was heard in the Supreme Court of Western Australia.

The primary legal issues revolved around the interpretation and application of the relevant statutory provisions, specifically whether the application met the criteria for approval as outlined in the Gascoyne Power Wheatstone Project Agreement 2013 and the applicable legislative framework. The court needed to determine whether the Minister's decision to oppose the application was lawful and whether the applicant had adequately addressed the concerns raised by the Minister.

The court examined the statutory provisions in detail and found that the applicant had not fully complied with certain conditions specified in the legislation. The court concluded that the Minister's decision to oppose the application was well-founded, as the applicant had not demonstrated that all necessary steps had been taken to meet the statutory requirements. The court held that the Minister's opposition to the approval of the Gascoyne Power Wheatstone Project Agreement 2013 was valid and lawful.

The court dismissed the application for approval of the Gascoyne Power Wheatstone Project Agreement 2013, affirming the Minister's decision to oppose it. The applicant was directed to address the identified deficiencies and resubmit the application once all statutory requirements had been satisfied.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established