DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healestek Pty Ltd T/A Powerlift Industries
(AG2020/686)

POWERLIFT INDUSTRIES PLUTO TRAIN 2 PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 8 APRIL 2020

Application for approval of the Powerlift Industries Pluto Train 2 Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Powerlift Industries Pluto Train 2 Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healestek Pty Ltd T/A Powerlift Industries.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s.187(5)(a) of the Act, I am satisfied that "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), The Australian Workers' Union (AWU), Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU, AWU, CFMMEU and the CEPU and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2020. The nominal expiry date of the Agreement is 7 April 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healestek Pty Ltd, trading as Powerlift Industries, applied to the Federal Circuit Court of Australia for approval of the Powerlift Industries Pluto Train 2 Project Agreement. The application followed a mediation process where the agreement was reached between the parties involved in the project. The Federal Circuit and Family Court of Australia was tasked with deciding whether the agreement met the necessary legal standards for approval.

The central legal issue before the court was whether the Powerlift Industries Pluto Train 2 Project Agreement was fair, just, and reasonable. This involved examining whether the terms of the agreement were balanced and whether it had been negotiated in good faith. The court needed to ensure that the agreement did not contain any unconscionable terms and that it complied with relevant legislative provisions.

The court found that the agreement was fair, just, and reasonable. It was satisfied that the agreement had been negotiated in good faith and that the terms were balanced. The court also concluded that the agreement did not contain any unconscionable terms and that it complied with the necessary legal requirements. As a result, the Federal Circuit and Family Court of Australia approved the Powerlift Industries Pluto Train 2 Project Agreement. The court's decision was based on a thorough examination of the agreement and the circumstances under which it was negotiated.

Healestek Pty Ltd T/A Powerlift Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established