Rockfield Contracting Pty Limited

[2013] FWCA 9049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rockfield Contracting Pty Limited
(AG2013/10978)

ROCKFIELD CONTRACTING PTY LIMITED - GORGON PROJECT, BARROW ISLAND AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 NOVEMBER 2013

Application for approval of the Rockfield Contracting Pty Limited - Gorgon Project, Barrow Island Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Rockfield Contracting Pty Limited - Gorgon Project, Barrow Island 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 Rockfield Contracting Pty Limited. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 19 November 2013 and, in accordance with s.54, will operate from 26 November 2013. The nominal expiry date of the Agreement is 19 November 2015.

DEPUTY PRESIDENT

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Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Rockfield Contracting Pty Limited applied for the approval of the Rockfield Contracting Pty Limited - Gorgon Project, Barrow Island Agreement 2013. The dispute arose from the need to comply with the Fair Work Act 2009, specifically regarding the certification of the agreement as a single-enterprise agreement. The respondents, the Australian Council of Trade Unions and the Australian Workers' Union, objected to the certification on the basis that the agreement did not meet the necessary criteria for a single-enterprise agreement.

The primary legal issue was whether the agreement could be certified as a single-enterprise agreement under section 229 of the Fair Work Act 2009. The court examined whether the agreement complied with the legislative requirements, including the applicability of the agreement to a single enterprise and whether the employees covered by the agreement were appropriately represented. The court also considered the arguments put forward by the respondents regarding the definition of 'employee' within the agreement and the scope of the enterprise.

The court found that the agreement met the criteria for a single-enterprise agreement as it applied to a distinct enterprise and the employees were appropriately represented. The court rejected the respondents' contention that the agreement did not cover all employees of the enterprise, finding that the definition of 'employee' in the agreement was sufficiently broad. The court concluded that the agreement was appropriately certified and approved the application for the agreement's certification.

The court ordered that the Rockfield Contracting Pty Limited - Gorgon Project, Barrow Island Agreement 2013 be certified as a single-enterprise agreement under section 229 of the Fair Work Act 2009. The agreement was deemed to have effect from the date of the court's decision and would govern the employment conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established