Richards Rigging Pty Ltd

[2013] FWCA 8208

FAIR WORK COMMISSION

DECISION

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

Richards Rigging Pty Ltd
(AG2013/9682)

RICHARDS RIGGING PTY LTD QCLNG PROJECT UPSTREAM WORKS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 OCTOBER 2013

Application for approval of the Richards Rigging Pty Ltd QCLNG Project Upstream Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 October 2013 by Richards Rigging Pty Ltd for the approval of a Greenfields agreement known as the Richards Rigging Pty Ltd QCLNG Project Upstream Works Agreement(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is 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.

[4] 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.

[5] 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 Federal Court of Australia, the matter of Richards Rigging Pty Ltd concerned an application for the approval of a contract related to the QCLNG Project Upstream Works Agreement. The applicant, Richards Rigging, sought the court's approval of the agreement between the company and the project's stakeholders. The primary dispute involved the terms of the agreement and whether they were fair, reasonable, and in the best interests of the project's stakeholders.

The legal issues the court was required to decide included whether the agreement's terms were transparent and adequately disclosed the parties' obligations, whether the agreement was fair and balanced, and whether the approval of the agreement was in the best interests of the project's stakeholders. The court also had to consider whether the applicant had followed the necessary procedures and met the requirements set out in the relevant legislation.

The court found that the agreement's terms were transparent, adequately disclosed the parties' obligations, and were fair and balanced. The court concluded that the approval of the agreement was in the best interests of the project's stakeholders and that the applicant had followed the necessary procedures and met the requirements set out in the relevant legislation. As a result, the court granted the application for approval of the Richards Rigging Pty Ltd QCLNG Project Upstream Works Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established