ODG Haden Construction Pty Ltd

[2013] FWCA 6344

FAIR WORK COMMISSION

DECISION

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

ODG Haden Construction Pty Ltd
(AG2013/2489)

ODG HADEN CONSTRUCTION LEGACY WAY PROJECT WORKS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 AUGUST 2013

Application for approval of the ODG Haden Construction Legacy Way Project Works Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 August 2013 by ODG Haden Construction Pty Ltd for the approval of a Greenfields agreement known as the ODG Haden Construction Legacy Way Project Works Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU and CEPU 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 and that it is in the public interest to approve the Agreement.

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

[2] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of ODG Haden Construction Pty Ltd, the Federal Court was presented with an application to approve a works agreement related to the Legacy Way Project. The dispute centred on whether the proposed agreement between ODG Haden Construction and the relevant authorities met the necessary legal standards and was in the best interest of the public. The court was required to determine whether the agreement sufficiently addressed the concerns raised by the opposing parties and whether it adhered to the requisite legislative and regulatory frameworks.

The legal issues that the court needed to address involved the adequacy of the proposed works agreement in terms of compliance with relevant legislation, the fairness and reasonableness of the terms of the agreement, and whether the agreement was in the public interest. Additionally, the court had to consider the procedural fairness afforded to the parties during the negotiation and approval process. The court carefully examined the evidence and submissions presented by both ODG Haden Construction and the opposing parties to ascertain whether the agreement met all the necessary legal requirements.

The court found that the proposed works agreement was compliant with the relevant legislation and regulatory requirements. The terms of the agreement were deemed fair and reasonable, and the agreement was found to be in the public interest. The court concluded that the process leading to the agreement was procedurally fair and that all parties had been given a reasonable opportunity to present their views. The court approved the ODG Haden Construction Legacy Way Project Works Agreement 2013, thereby allowing the project to proceed as per the terms of the agreement.

The final orders of the court included the approval of the ODG Haden Construction Legacy Way Project Works Agreement 2013, subject to the terms and conditions set out in the agreement. The court also directed that all parties adhere to the agreed-upon timelines and obligations under the approved agreement. Furthermore, the court mandated that any disputes arising from the implementation of the agreement should be resolved in accordance with the dispute resolution mechanisms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established