Resource Equipment Ltd

[2013] FWCA 4727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resource Equipment Ltd
(AG2013/1639)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 17 JULY 2013

Application for approval of the Resource Equipment Ltd - CEPU - 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 - CEPU - 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

Resource Equipment Limited applied for the approval of the Resource Equipment Limited - Construction and Engineering Project Union - Gorgon Project - Barrow Island Greenfields Agreement 2013. The applicant sought approval from the Fair Work Commission under section 234 of the Fair Work Act 2009. The union respondents opposed the application. The applicant argued that the agreement was necessary to prevent industrial action and promote productivity, while the union respondents argued that the agreement was not in the best interests of the employees. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act. The Commission considered whether the agreement was in the best interests of the employees and whether it would prevent industrial action and promote productivity. The Commission found that the agreement met the criteria for approval. It concluded that the agreement was in the best interests of the employees and would prevent industrial action and promote productivity. The Fair Work Commission approved the agreement, subject to certain conditions. It noted that the agreement provided for a range of benefits for employees, including improved wages and conditions, and that these benefits outweighed any potential drawbacks. The Commission also noted that the agreement would help to ensure the successful completion of the Gorgon Project, which was of significant economic importance to the region. The Commission ordered that the agreement be approved, subject to the conditions set out in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established