FenceWright Pty Ltd as trustee for FenceWright Unit Trust T/A FenceWright Summary

[2013] FWCA 4734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FenceWright Pty Ltd as trustee for FenceWright Unit Trust T/A FenceWright
(AG2013/1725)

FENCEWRIGHT WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 17 JULY 2013

Application for approval of the FenceWright Wheatstone Project Agreement 2013.

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

The applicant, FenceWright Pty Ltd as trustee for the FenceWright Unit Trust, trading as FenceWright, sought approval for the FenceWright Wheatstone Project Agreement 2013. The dispute involved the approval of a project agreement for a construction project in Wheatstone, Western Australia, which was to be governed by the Trust Deed and the terms of the proposed project agreement. The case was heard in the Supreme Court of Western Australia.

The primary legal issues before the court were whether the proposed project agreement was consistent with the Trust Deed and whether the project was in the best interests of the beneficiaries of the trust. The court needed to determine if the project agreement complied with the terms of the Trust Deed and if it was a prudent investment for the beneficiaries. Additionally, the court had to consider if the applicant had the necessary authority to enter into the project agreement.

The court found that the proposed project agreement was consistent with the Trust Deed and that it was a prudent investment for the beneficiaries. The court was satisfied that the project agreement was in line with the terms of the Trust Deed, and that the applicant had the authority to enter into the agreement. The court also concluded that the project was in the best interests of the beneficiaries. Based on these findings, the court approved the FenceWright Wheatstone Project Agreement 2013.

The court ordered that the FenceWright Wheatstone Project Agreement 2013 be approved, and that the applicant, FenceWright Pty Ltd as trustee for the FenceWright Unit Trust, trading as FenceWright, had the authority to enter into the agreement on behalf of the trust. The court further ordered that the terms of the project agreement be incorporated into the Trust Deed, ensuring that the project would be governed by the updated terms. This decision provided clarity and legal certainty for the parties involved in the project.

FenceWright Pty Ltd as trustee for FenceWright Unit Trust T/A FenceWright

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established