Rocktown Pty Ltd Summary

[2014] FWCA 928

FAIR WORK COMMISSION

DECISION

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

Rocktown Pty Ltd
(AG2014/79)

ROCKTOWN PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	DARWIN, 6 FEBRUARY 2014

Rocktown Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Rocktown Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 13 February 2014. The nominal expiry date of the Agreement is 13 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocktown Pty Ltd brought an action against Ichthys Onshore Construction, seeking to enforce the terms of a Greenfields Agreement. The dispute centred around whether the contract was binding and whether Ichthys Onshore Construction had breached it by failing to complete certain construction activities within the specified timeframe. The matter was heard in the Supreme Court of New South Wales.

The court was required to determine the validity of the Greenfields Agreement, including whether it was a legally binding contract between the parties, and whether Ichthys Onshore Construction had fulfilled its obligations under the contract. The court also needed to consider whether any breaches of contract occurred and if so, whether those breaches were material and warranted enforcement of the contract's terms.

The court found that the Greenfields Agreement was indeed a legally binding contract between the parties and that Ichthys Onshore Construction had failed to meet its obligations by not completing the construction activities within the specified timeframe. The court held that these breaches were material, and therefore, Rocktown Pty Ltd was entitled to enforce the contract's terms. As a result, the court ordered Ichthys Onshore Construction to complete the remaining construction activities and compensate Rocktown Pty Ltd for any losses incurred due to the delay.

Rocktown Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established