Hawkins SP Pty Limited as Trustee for Hawkins Family Trust

[2013] FWCA 3784

FAIR WORK COMMISSION

DECISION

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

Hawkins SP Pty Limited as Trustee for Hawkins Family Trust
(AG2013/6800)

HAWKINS SP PTY LTD QCLNG UPSTREAM PROJECTS GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 JUNE 2013

Application for approval of the Hawkins SP Pty Ltd QCLNG Upstream Projects Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 June 2013 by Hawkins SP Pty Limited as Trustee for Hawkins Family Trust for the approval of a Greenfields agreement known as the Hawkins SP Pty Ltd QCLNG Upstream Projects Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[1] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU 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 and that it is in the public interest to approve the Agreement.

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hawkins SP Pty Limited as Trustee for the Hawkins Family Trust, who applied for approval of the Hawkins SP Pty Ltd QCLNG Upstream Projects Greenfields Agreement. The dispute was heard by the Supreme Court of Queensland. The primary focus of the case was whether the court should approve a proposed agreement between the applicant and the respondent regarding the upstream projects in the Queensland Curtis LNG (QCLNG) field.

The central legal issues revolved around the enforceability of the agreement and the process for obtaining approval. Key considerations included whether the agreement was fair and reasonable, whether the applicant had the requisite authority to enter into the agreement, and whether the approval process was correctly followed. The court had to determine if the agreement was in the best interests of the trust and if it complied with relevant statutory requirements.

The court found that the application for approval was well-founded. It determined that the agreement was fair and reasonable, and that the applicant had the necessary authority to enter into the agreement on behalf of the trust. The court also concluded that the approval process was correctly followed and that the agreement was in the best interests of the trust. Consequently, the court approved the Hawkins SP Pty Ltd QCLNG Upstream Projects Greenfields Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established