Resource Equipment Ltd

[2013] FWCA 4824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resource Equipment Ltd
(AG2013/1862)

RESOURCE EQUIPMENT LTD AWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 JULY 2013

Application for approval of the Resource Equipment Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Resource Equipment Ltd AWU - Gorgon Project - Barrow Island Greenfields 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 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Resource Equipment Limited (REL), which sought approval for the Resource Equipment Limited Australian Workers Union (AWU) - Gorgon Project - Barrow Island Greenfields Agreement 2013. The matter was heard in the Fair Work Commission, a federal tribunal in Australia, with a focus on the application for the approval of an enterprise agreement. The AWU argued that the agreement was necessary for the efficient operation of the Gorgon Project on Barrow Island.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was free from prohibited content, whether it provided for the appropriate bargaining processes, and if it contained necessary procedural fairness provisions. The AWU and REL contended that the agreement was necessary for the smooth operation of the Gorgon Project, while other stakeholders raised concerns regarding specific provisions of the agreement.

The Commission concluded that the agreement was largely consistent with the requirements of the Fair Work Act. It noted that the agreement contained all the mandatory procedural fairness provisions and did not include any prohibited content. The Commission also found that the bargaining process leading to the agreement was appropriate. Despite some concerns raised by other stakeholders, the Commission determined that the benefits of approving the agreement outweighed any potential negative impacts. Therefore, the application for approval was granted, allowing the agreement to be implemented.

The Fair Work Commission approved the Resource Equipment Limited Australian Workers Union - Gorgon Project - Barrow Island Greenfields Agreement 2013. This decision facilitated the smooth operation of the Gorgon Project on Barrow Island and provided a framework for the employment conditions of the workers involved in the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established