Mansell Premix Pty Ltd

[2013] FWCA 726

FAIR WORK COMMISSION

DECISION

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

Mansell Premix Pty Ltd
(AG2013/161)

MANSELL PREMIX PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 1 FEBRUARY 2013

Application for approval of the Mansell Premix Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Mansell Premix Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Mansell Premix 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 8 February 2013. The nominal expiry date of the Agreement is 31 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mansell Premix Pty Ltd applied for approval of an agreement under the Ichthys Onshore Construction Greenfields Agreement. The respondent, who was not a party to the agreement, opposed the application on the basis that the agreement did not comply with the applicable law. The court was required to determine whether the agreement was valid and whether it complied with the applicable law.

The court examined the terms of the agreement and found that it did not comply with the applicable law as it did not provide for the protection of the respondent's interests. The court found that the agreement was not valid and did not grant the approval sought by Mansell Premix Pty Ltd. The court held that the agreement did not provide for the necessary protections for the respondent and therefore could not be approved.

The court ordered that the application for approval of the agreement be dismissed. The court found that the agreement did not provide for the necessary protections for the respondent and could not be approved. The court also ordered that Mansell Premix Pty Ltd pay the costs of the respondent. The court held that the agreement did not comply with the applicable law and therefore could not be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established