Illawarra Engineering Services Pty Ltd

[2013] FWCA 3511

FAIR WORK COMMISSION

DECISION

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

Illawarra Engineering Services Pty Ltd
(AG2013/6750)

ILLAWARRA ENGINEERING SERVICES PTY LTD QCLNG PROJECT UPSTREAM WORKS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 JUNE 2013

Application for approval of the Illawarra Engineering Services Pty Ltd QCLNG Project Upstream Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 30 May 2013 by Illawarra Engineering Services Pty Ltd for the approval of a Greenfields agreement known as the Illawarra Engineering Services Pty Ltd QCLNG Project Upstream Works 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 matter before the Court involved Illawarra Engineering Services Pty Ltd, which sought approval for the Illawarra Engineering Services Pty Ltd QCLNG Project Upstream Works Agreement. The applicant aimed to secure the court's approval for the agreement, which related to the upstream works required for the QCLNG project. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the agreement met the necessary criteria for approval under the relevant legislative framework. This included assessing whether the agreement was in the public interest and if it adhered to the statutory requirements. The court needed to determine if the agreement was fair, reasonable, and in line with the public interest, particularly in terms of ensuring that the project would be completed efficiently and effectively.

The court examined the provisions of the agreement and the evidence provided by the parties. It considered the nature of the works to be undertaken, the qualifications and experience of the parties involved, and the overall benefits to the public. The court found that the agreement was fair, reasonable, and in the public interest. It concluded that the applicant had demonstrated that the agreement would facilitate the timely and efficient completion of the QCLNG project, thereby benefiting the broader public interest.

The court approved the Illawarra Engineering Services Pty Ltd QCLNG Project Upstream Works Agreement, finding it to be in accordance with the legislative requirements and in the public interest. The approval allowed the project to proceed with the agreement in place, ensuring that the upstream works would be carried out efficiently and effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established