Resource Engineering and Design Pty Ltd Summary

[2013] FWCA 4757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resource Engineering and Design Pty Ltd
(AG2013/1787)

RESOURCE ENGINEERING AND DESIGN PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JULY 2013

Application for approval of the Resource Engineering and Design Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Resource Engineering and Design Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Resource Engineering and Design Pty Ltd, the applicant sought approval from the court for the Wheatstone Project Agreement 2013. The primary parties involved in this case were Resource Engineering and Design Pty Ltd, the applicant, and the relevant stakeholders who would be impacted by the project's approval. The dispute centred on whether the court should approve the Wheatstone Project Agreement, a significant infrastructure development project, and if the applicant had provided sufficient evidence to demonstrate the project's merits.

The legal issues the court had to address were whether the Wheatstone Project Agreement complied with the necessary legal requirements and if the applicant had demonstrated the project's necessity and benefits to the public. The court had to evaluate the evidence provided by the applicant, including the potential environmental, social, and economic impacts of the project. Additionally, the court considered the applicant's adherence to relevant legislation and the adequacy of the proposed mitigation measures to address any potential negative consequences.

The court, after thorough deliberation, determined that the Wheatstone Project Agreement was in compliance with the necessary legal requirements. The applicant had provided sufficient evidence to demonstrate the project's necessity and benefits, taking into account the potential environmental, social, and economic impacts. The court found that the applicant had adhered to relevant legislation and had proposed adequate mitigation measures to address any potential negative consequences. Consequently, the court approved the Wheatstone Project Agreement 2013.

Resource Engineering and Design Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established