JGA Concreting Pty Ltd

[2013] FWCA 229

FAIR WORK COMMISSION

DECISION

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

JGA Concreting Pty Ltd
(AG2012/13018)

JGA CONCRETING PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 JANUARY 2013

Application for approval of the JGA Concreting Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the JGA Concreting Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by JGA Concreting Pty Ltd, The Australian Workers' Union, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 18 January 2013. The nominal expiry date of the Agreement is 10 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

JGA Concreting Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of the Ichthys Onshore Construction Greenfields Agreement, which pertains to the construction of the Ichthys LNG project. The applicant argued that the agreement contained appropriate safeguards to ensure fair and reasonable terms for all parties involved.

The court was tasked with determining whether the terms of the agreement were fair and reasonable and whether the agreement complied with the relevant legislation. This involved examining the bargaining power of the parties, the process by which the agreement was formed, and the terms of the agreement itself. The court also considered whether the agreement would provide adequate protections for workers and the community, as well as whether it would facilitate the timely and efficient completion of the project.

The court found that the agreement was fair and reasonable, and complied with the relevant legislation. The court noted that the agreement was the result of extensive negotiations between the parties, and that it contained appropriate safeguards to ensure that all parties were treated fairly. The court also found that the agreement would provide adequate protections for workers and the community, and that it would facilitate the timely and efficient completion of the project. The court approved the agreement, subject to certain conditions.

The court's decision provides clarity and certainty for all parties involved in the Ichthys LNG project, and ensures that the project will proceed in a manner that is fair, reasonable, and in compliance with the relevant legislation. The court's approval of the agreement is an important step towards the successful completion of the project, and will help to ensure that it delivers the economic and social benefits that are expected of it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established