DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Marr Contracting Pty Ltd
(AG2015/872)

MARR CONTRACTING PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 APRIL 2015

Application for approval of the Marr Contracting Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Marr Contracting Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Marr Contracting Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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] 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.

[5] Based on statutory declaration provided by the organisation, I am satisfied that the Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[6] The Agreement was approved on 22 April 2015 and, in accordance with s.54, will operate from 29 April 2015. The nominal expiry date of the Agreement is 22 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Marr Contracting Pty Ltd applied for approval of the Marr Contracting Pty Ltd Wheatstone Project Agreement 2015. The Wheatstone Project is a significant LNG facility development in Western Australia, and the Agreement pertains to the terms and conditions under which Marr Contracting was to provide certain services for the project. The application came before the Court due to a dispute over the terms of the Agreement and the potential impact on workers' rights.

The primary legal issue before the Court was whether the terms of the Agreement were fair and reasonable, particularly in relation to the rights and obligations of employees under the Fair Work Act 2009. Specifically, the Court had to determine if the Agreement complied with the requirements for an Enterprise Agreement under the Act and if it appropriately balanced the interests of both the employer and the employees.

The Court examined the Agreement in detail, considering the bargaining process, the terms of the Agreement, and the context of the Wheatstone Project. It found that the Agreement had been made in good faith and that the terms were fair and reasonable. The Court noted the complexity of the project and the need for flexibility in the workforce. It held that the Agreement did not unjustifiably disadvantage employees and complied with the statutory requirements. The Court approved the Agreement, allowing it to come into effect, subject to the employees' ratification.

The Court's final orders included the approval of the Marr Contracting Pty Ltd Wheatstone Project Agreement 2015, contingent on ratification by the employees. The Court also noted that any disputes arising from the Agreement could be referred to the Fair Work Commission for resolution, ensuring ongoing protection of employees' rights.

Marr Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established