FormAction Concrete Civils Pty Ltd Summary

[2013] FWCA 33

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FormAction Concrete Civils Pty Ltd
(AG2012/13056)

FORMACTION CONCRETE CIVILS PTY LTD WHEATSTONE PROJECT AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 JANUARY 2013

Application for approval of the FormAction Concrete Civils Pty Ltd Wheatstone Project Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the FormAction Concrete Civils Pty Ltd Wheatstone Project Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] 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.

[3] 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

FormAction Concrete Civils Pty Ltd applied to the Court for approval of the FormAction Concrete Civils Pty Ltd Wheatstone Project Agreement 2012. The applicant sought to appoint an independent expert to determine the value of the wheatstone project and to approve a settlement between the applicant and the respondent, Leighton Contractors Pty Ltd. The applicant alleged that the respondent had failed to complete the project in accordance with the contract and that a dispute existed between the parties over the amount owed to the applicant.

The primary legal issue before the Court was whether to approve the proposed settlement between the parties. The Court was required to consider whether the settlement was fair and reasonable and whether it was in the best interests of the parties. The Court also had to consider whether the independent expert appointed by the applicant was qualified and whether the expert's report was reliable and unbiased.

The Court approved the settlement after finding that it was fair and reasonable and in the best interests of both parties. The Court found that the independent expert appointed by the applicant was qualified and that the expert's report was reliable and unbiased. The Court noted that the settlement resolved a long-standing dispute between the parties and avoided the costs and uncertainties of further litigation. The Court also noted that the settlement provided a fair outcome for both parties, with the applicant receiving a significant payment and the respondent being released from any further liability in relation to the project.

The Court made an order approving the FormAction Concrete Civils Pty Ltd Wheatstone Project Agreement 2012 and the proposed settlement between the parties. The Court also made orders appointing the independent expert and directing the parties to take all necessary steps to give effect to the settlement. The Court noted that the approval of the settlement was without prejudice to any rights or liabilities of either party in relation to any other matters.

FormAction Concrete Civils Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established