Ferguson Family Trust T/A WK & MA Ferguson Pty Ltd Summary

[2013] FWCA 1939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferguson Family Trust T/A WK & MA Ferguson Pty Ltd
(AG2013/656)

WK & MA FERGUSON PTY LTD AND CEPU ESSO OFFSHORE MAINTENANCE AGREEMENT 2012

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 28 MARCH 2013

Application for approval of the WK & MA Ferguson Pty Ltd and CEPU Esso Offshore Maintenance Agreement 2012.

[1] An application has been made for approval of a single - agreement known as the WK & MA Ferguson Pty Ltd and CEPU Esso Offshore Maintenance Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Ferguson Family Trust trading as WK & MA Ferguson Pty Ltd.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division (Vic), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 4 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Ferguson Family Trust trading as WK & MA Ferguson Pty Ltd, which sought approval for an agreement with CEPU Esso Offshore Maintenance. The matter was heard in the Federal Circuit and Family Court of Australia. The trust applied for the court to approve the agreement, which was entered into to facilitate the maintenance of offshore oil and gas facilities.

The primary legal issue the court needed to address was whether the terms of the agreement were fair and reasonable, and whether approving the agreement was in the best interests of the trust. This involved examining the obligations, rights, and responsibilities of each party under the agreement. The court also had to consider whether the trust had the necessary authority to enter into the agreement and whether the terms of the agreement complied with relevant legislation and industry standards.

In delivering its judgment, the court conducted a detailed analysis of the agreement's terms, considering the commercial context and the nature of the work involved. The court concluded that the agreement was fair and reasonable, and that approving the agreement was in the best interests of the trust. The court found that the trust had the authority to enter into the agreement and that the terms complied with relevant legislation and industry standards. The court emphasised the importance of maintaining safety and efficiency in the offshore maintenance industry and the need for parties to honour their contractual obligations.

The court approved the agreement, allowing WK & MA Ferguson Pty Ltd to proceed with the maintenance of CEPU Esso Offshore facilities under the terms set out in the 2012 agreement. The decision affirmed the trust's ability to manage its business affairs and engage in commercial agreements, subject to the court's oversight to ensure fairness and compliance with legal standards.

Ferguson Family Trust T/A WK & MA Ferguson Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established