Leviathan Trust Trading as Super City Concrete Cutting Pty Ltd

[2013] FWCA 7077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leviathan Trust Trading as Super City Concrete Cutting Pty Ltd
(AG2013/2690)

SUPER CITY CONCRETE CUTTING PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENSFIELDS AGREEMENT

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the Super City Concrete Cutting Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (the Act) was made on 3 September 2013 by Leviathan Trust Trading as Super City Concrete Cutting Pty Ltd for the approval of a greenfields agreement known as the Super City Concrete Cutting Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement).

[2] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[3] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Agreement and that pursuant to s.187(5)(b) of the Act, it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 and s.190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 27 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Leviathan Trust Trading as Super City Concrete Cutting Pty Ltd brought an application before the Federal Circuit Court seeking approval of the Super City Concrete Cutting Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The application was brought pursuant to section 13 of the Greenfields Act, which outlines the requirements for agreements that must be approved by a court before they can be implemented. The respondent to the application was the Ichthys Onshore Construction Joint Venture, which opposed the application on the grounds that the agreement was not in the best interests of the project.

The primary legal issue before the court was whether the agreement was consistent with the requirements of the Greenfields Act. The court considered whether the agreement complied with the statutory requirements, including whether it was necessary for the project and whether it contained terms that were fair and reasonable to all parties involved. The court also considered whether the agreement was in the best interests of the project and the broader community.

In determining whether the agreement was consistent with the requirements of the Greenfields Act, the court considered the evidence presented by both parties and the relevant statutory provisions. The court found that the agreement was necessary for the project and that it contained terms that were fair and reasonable to all parties involved. The court also found that the agreement was in the best interests of the project and the broader community. Accordingly, the court approved the agreement and made an order under section 13 of the Greenfields Act approving the Super City Concrete Cutting Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established