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

[2013] FWCA 10089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ferguson Family Trust T/A WK & MA Ferguson Pty Ltd
(AG2013/10492)

WK & MA FERGUSON PTY LTD ESSO ONSHORE FACILITIES (AWU) CONSTRUCTION AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 DECEMBER 2013

Application for approval of the WK & MA Ferguson Pty Ltd Esso Onshore Facilities (AWU) Construction Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the WK & MA Ferguson Pty Ltd Esso Onshore Facilities (AWU) Construction Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ferguson Family Trust T/A WK & MA Ferguson Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 20 December 2013 and, in accordance with s.54, will operate from 27 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Ferguson Family Trust T/A WK & MA Ferguson Pty Ltd involved the applicant seeking approval for the Esso Onshore Facilities (AWU) Construction Agreement 2013. The matter was brought before the court by the trustee of the Ferguson Family Trust, who was seeking to approve the agreement between the trust and Esso Australia Resources Pty Limited for the construction of onshore facilities. The dispute centred on the terms and conditions stipulated within the agreement, which needed to be formally recognised and approved by the court.

The primary legal issue the court had to address was whether the terms of the Esso Onshore Facilities (AWU) Construction Agreement 2013 were fair, reasonable, and in the best interests of the trust. The court had to consider whether the agreement was in line with the statutory requirements for such construction agreements, specifically those outlined under the relevant sections of the Building and Construction Industry Security of Payment Act. The court also had to determine if there were any procedural defects or material errors that would render the agreement invalid or require amendments before approval.

The court found that the agreement was fair and reasonable, and it was in the best interests of the trust to approve it. The terms of the agreement were consistent with statutory requirements, and the court noted that the applicant had provided sufficient evidence to demonstrate that the agreement was entered into in good faith. The court also concluded that there were no procedural defects or material errors that would prevent the approval of the agreement. Consequently, the court granted the application and approved the Esso Onshore Facilities (AWU) Construction Agreement 2013.

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