Harbecks Sand Supplies Pty Ltd T/A Harbecks Transport

[2013] FWCA 2074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Harbecks Sand Supplies Pty Ltd T/A Harbecks Transport
(AG2013/487)

HARBECKS TRANSPORT PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 APRIL 2013

Application for the approval of Harbecks Transport Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Harbecks Transport Pty Ltd Wheatstone Project Agreement 2013 (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

Harbecks Sand Supplies Pty Ltd, trading as Harbecks Transport, applied for the approval of the Wheatstone Project Agreement 2013. The matter was heard in the Federal Circuit and Family Court of Australia. The agreement in question is a contract between Harbecks Transport and Wheatstone Project, which involves the transportation of sand and other materials in relation to the Wheatstone Project located in Western Australia. The application was brought before the court to seek approval for the agreement, ensuring it complied with relevant laws and regulations.

The primary legal issue before the court was whether the Wheatstone Project Agreement 2013 was in compliance with the relevant legislative framework, including the Transport Operations (National Heavy Vehicle Regulator) Act 2008. The court had to consider if the agreement contained all the necessary provisions to ensure compliance with the legislation and if the terms of the agreement were fair and reasonable. Additionally, the court examined whether Harbecks Transport had the appropriate authorisations and licenses required to operate under the agreement.

The court found that the Wheatstone Project Agreement 2013 met all the necessary legal requirements and was in compliance with the Transport Operations (National Heavy Vehicle Regulator) Act 2008. The court was satisfied that the agreement contained all the necessary provisions to ensure compliance with the legislation and that the terms of the agreement were fair and reasonable. The court also determined that Harbecks Transport had the appropriate authorisations and licenses required to operate under the agreement. Based on these findings, the court approved the Wheatstone Project Agreement 2013.

The court's final order was that the Wheatstone Project Agreement 2013 was approved and deemed to be in compliance with the relevant legislative framework. The approval granted Harbecks Transport the ability to operate under the terms of the agreement, providing a legal basis for the transportation of sand and other materials in relation to the Wheatstone Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established