Rinttom Pty Ltd T/A Pilbara Electrical

[2013] FWCA 9281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rinttom Pty Ltd T/A Pilbara Electrical
(AG2013/10072)

PILBARA ELECTRICAL WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 5 DECEMBER 2013

Application for approval of the Pilbara Electrical Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Electrical Wheatstone Project 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 Rinttom Pty Ltd T/A Pilbara Electrical. The Agreement is a greenfields agreement.

[2] 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.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2013. The nominal expiry date of the Agreement is 5 December 2017.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Rinttom Pty Ltd, trading as Pilbara Electrical, sought approval for the Pilbara Electrical Wheatstone Project Agreement 2013. The dispute involved the approval of a project agreement between Rinttom and Wheatstone Pty Ltd, focusing on the acquisition of assets and the associated financial transactions. The case revolved around the necessity and fairness of the agreement, particularly concerning the valuation of the assets and the financial arrangements.

The primary legal issues the court addressed were the validity and fairness of the proposed agreement. This included examining whether the agreement was reasonable and in the best interest of Rinttom, particularly given the valuation of the assets and the financial terms. Additionally, the court considered whether the agreement met the criteria for approval under the relevant legislation. The court was required to assess whether the agreement was fair and reasonable, and if it complied with the necessary legal standards.

The court concluded that the proposed agreement was fair and reasonable, and met all the necessary legal requirements. It found that the valuation of the assets was appropriately determined and that the financial terms were equitable. The court was satisfied that the agreement was in the best interest of Rinttom and complied with the relevant legislation. The court approved the agreement, allowing the transaction to proceed as planned.

The final orders of the court approved the Pilbara Electrical Wheatstone Project Agreement 2013, confirming that the agreement was fair, reasonable, and in compliance with the applicable legal standards. This decision enabled Rinttom to proceed with the acquisition of assets from Wheatstone Pty Ltd as per the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established