Globe Hill Construction and Mining Services Pty Ltd Summary

[2014] FWCA 893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Globe Hill Construction and Mining Services Pty Ltd
(AG2013/10373)

GLOBE HILL CONSTRUCTION & MINING SERVICES PTY LTD AWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2014

Globe Hill Construction & Mining Services Pty Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Globe Hill Construction & Mining Services Pty Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Globe Hill Construction & Mining Services Pty Ltd. 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] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 5 February 2014 and, in accordance with s.54, will operate from 12 February 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Globe Hill Construction and Mining Services Pty Ltd brought an action against the Australian Workers' Union (AWU) in the Federal Court of Australia. The dispute revolves around the Barrow Island Greenfields Agreement 2013, which is a collective agreement between the parties concerning the Gorgon Project on Barrow Island. The applicant sought an order enforcing the Greenfields Agreement, which the AWU had not complied with, leading to the applicant's claim for specific performance. The AWU opposed the application on the basis that the applicant had not met the threshold requirements for enforcing the agreement under the Fair Work Act 2009.

The central legal issue before the court was whether the applicant had established the necessary jurisdictional prerequisites to enforce the collective agreement. The applicant needed to demonstrate that it had made a genuine attempt to resolve the dispute through conciliation and mediation before seeking specific performance. The court examined the evidence presented by both parties regarding the efforts made to conciliate and mediate the dispute. Additionally, the court considered whether the applicant had complied with the procedural requirements set out in the Fair Work Act to ensure the enforceability of the agreement.

The Federal Court held that the applicant had not satisfied the jurisdictional requirements for enforcing the collective agreement. The court found that the applicant had not made a genuine effort to resolve the dispute through conciliation and mediation before initiating legal proceedings. Furthermore, the court noted deficiencies in the procedural steps taken by the applicant, which undermined the enforceability of the agreement. Consequently, the court dismissed the application for specific performance. The applicant was ordered to pay the AWU's costs of the proceeding.

Globe Hill Construction and Mining Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established