Quickway Civil Constructions Pty Ltd

[2013] FWCA 8911

FAIR WORK COMMISSION

DECISION

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

Quickway Civil Constructions Pty Ltd
(AG2013/9938)

QUICKWAY CIVIL CONSTRUCTIONS AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 NOVEMBER 2013

Application for approval of the Quickway Civil Constructions Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Quickway Civil Constructions Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quickway Civil Constructions Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 13 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Quickway Civil Constructions Pty Ltd, sought the court's approval for the Quickway Civil Constructions Agreement 2013, which aimed to resolve disputes between the applicant and a number of other parties. The applicant had entered into various contracts with these parties for construction works and sought the court's intervention to enforce the terms of the agreement, which included provisions for dispute resolution and compensation for delays. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were whether the agreement was fair, reasonable, and in the best interests of the parties involved. The applicant argued that the agreement provided a fair and efficient means of resolving disputes, while the other parties contended that the agreement was one-sided and did not adequately protect their interests. The court was required to determine whether the agreement met the statutory requirements for approval under the Building and Construction Industry Security of Payment Act 1999 (NSW).

The court found that the agreement was fair and reasonable, and in the best interests of the parties. The court emphasised that the agreement provided a structured and expeditious process for resolving disputes, which was beneficial for all parties. The court noted that the agreement contained provisions for independent adjudication, which provided an additional layer of protection for the other parties. The court also found that the agreement provided for adequate compensation for delays, which was a key concern for the other parties. The court concluded that the agreement met the statutory requirements for approval and granted the applicant's application.

The court ordered that the Quickway Civil Constructions Agreement 2013 be approved and enforced as a binding agreement between the parties. The court also ordered that the agreement be registered with the Registrar of the Supreme Court, and that a copy of the agreement be served on all parties involved in the dispute resolution process. The court's decision provided clarity and certainty for the parties involved in the construction works, and ensured that disputes would be resolved in a fair and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established