DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manning Pavement Services Pty Ltd
(AG2016/5264)

KARRATHA ASPHALT WHEATSTONE PROJECT AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 OCTOBER 2016

Application for approval of the Karratha Asphalt Wheatstone Project Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Karratha Asphalt Wheatstone Project Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Manning Pavement Services Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is 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 does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 12 October 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Manning Pavement Services Pty Ltd sought approval of an agreement with the Shire of Karratha under which it would carry out works to construct an asphalt road. The Shire of Karratha opposed the application, claiming the project was not authorised by the Western Australia Local Government Act 1995 and that the agreement was unreasonable. The court was required to determine whether the Shire of Karratha had the power to enter into the agreement, and if the agreement was reasonable and in the best interests of the Shire.

The court found that the Shire of Karratha had the power to enter into the agreement under the Western Australia Local Government Act 1995. The court also found that the agreement was reasonable and in the best interests of the Shire. The court considered that the project would benefit the community by improving access to the Wheatstone gas processing plant and providing a safer and more efficient road for residents and workers. The court also found that the terms of the agreement were fair and reasonable, with appropriate provisions for the payment of costs and the management of risks.

The court approved the agreement, finding that it was in the best interests of the Shire of Karratha and the community. The court considered that the project would provide significant benefits to the community and that the agreement was fair and reasonable. The court also found that the Shire of Karratha had the power to enter into the agreement under the Western Australia Local Government Act 1995. The court's approval of the agreement allows Manning Pavement Services Pty Ltd to proceed with the construction of the asphalt road, subject to the terms of the agreement.

Manning Pavement Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established