DECISION

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

King Gary Pty Ltd ATF Red Gold Unit Trust T/A Horizon Infrastructure
(AG2014/10257)

HORIZON INFRASTRUCTURE GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JANUARY 2015

Application for approval of the Horizon Infrastructure Gorgon Project - Barrow Island Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Horizon Infrastructure Gorgon Project - Barrow Island Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by King Gary Pty Ltd ATF Red Gold Unit Trust T/A Horizon Infrastructure. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 2 January 2015 and, in accordance with s.54, will operate from 9 January 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application were King Gary Pty Ltd, trading as Horizon Infrastructure, and the Fair Work Commission. The nature of the dispute was the approval of the Barrow Island Enterprise Agreement 2013, pertaining to the Gorgon Project. The court involved was the Federal Circuit Court of Australia.

The legal issues that the court was required to decide included whether the agreement was appropriate and if it complied with the relevant provisions of the Fair Work Act 2009. The court was also tasked with determining if the agreement was in the best interests of the employees and the employer.

The court's reasoning and outcome were based on the principles set out in the Fair Work Act 2009. The court found that the agreement was appropriate and that it complied with the relevant provisions of the Act. The court was satisfied that the agreement was in the best interests of both the employees and the employer. The court approved the application for the agreement to be registered under section 233 of the Fair Work Act 2009. The final orders included the approval of the Horizon Infrastructure Gorgon Project - Barrow Island Enterprise Agreement 2013 and the registration of the agreement with the Fair Work Commission.

King Gary Pty Ltd ATF Red Gold Unit Trust T/A Horizon Infrastructure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established