Halikos Roofing NT Pty Ltd

[2013] FWCA 1235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Halikos Roofing NT Pty Ltd
(AG2013/303)

HALIKOS ROOFING NT PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 22 FEBRUARY 2013

Application for approval of the Halikos Roofing NT Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Halikos Roofing NT Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Halikos Roofing Pty Ltd (the employer), the Australian Workers’ Union (AWU), the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, are 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.

[3] I am satisfied that it is in the public interest to approve the Agreement, based on the statutory declarations filed by the employer and each of the employee organisations with the exception of the AWU. Despite requests to do so, the AWU has not filed a complete statutory declaration which addresses why it is in the public interest to do so.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 1 March 2013. The nominal expiry date of the Agreement is 21 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Halikos Roofing NT Pty Ltd applied for approval of the Halikos Roofing NT Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The dispute centred around whether the agreement, which was made between the applicant and Ichthys Onshore Construction Greenfields Pty Ltd, complied with the requirements of the Fair Work Act 2009. The applicant sought to have the agreement registered and approved, arguing that it met all necessary legislative criteria.

The court examined several key legal issues, primarily whether the agreement provided for a fair and efficient workplace, adhered to the provisions of the Fair Work Act, and was made in good faith. The court also considered whether the agreement's terms were reasonable and necessary for the efficient and effective operation of the business. Furthermore, the court evaluated whether the agreement appropriately balanced the interests of both parties.

After reviewing the evidence and arguments presented, the court concluded that the agreement was fair and reasonable, met the criteria under the Fair Work Act, and was made in good faith. The court determined that the agreement was necessary for the efficient operation of the business and appropriately balanced the interests of both parties. Consequently, the court approved the agreement and ordered its registration, allowing it to take effect as intended.

No additional orders were made by the court beyond the approval and registration of the agreement. The court's decision was based on a thorough examination of the agreement's terms and compliance with the relevant legislative framework, ensuring that the agreement would function effectively within the parameters of the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established