DECISION

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

SafeRad SE Asia Pty Ltd
(AG2015/1075)

SAFERAD SE ASIA PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 25 MAY 2015

Application for approval of the SafeRad SE Asia Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 May 2015 by SafeRad SE Asia Pty Ltd for the approval of a Greenfields agreement known as the SafeRad SE Asia Pty Ltd Ichthys Onshore Construction Greenfields Agreement (“the Agreement”).

[2] Statutory declarations were provided by:

● Mr Scott Buttery of SafeRad SE Asia Pty Ltd;

● Mr S McDine, National Secretary of The Australian Workers’ Union (AWU);

● Mr M Ravbar, Divisional Branch Secretary of the Construction, Forestry, Mining and Energy Union (the “CFMEU”);

Mr P Simpson, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”); and

● Mr T Bradley, Assistant State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the “AMWU”).

[3] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, CFMEU, CEPU and the AMWU are 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SafeRad SE Asia Pty Ltd recently sought approval for its Ichthys Onshore Construction Greenfields Agreement from the Federal Circuit and Family Court of Australia. The application involved a dispute regarding the terms and conditions of the agreement, which pertained to the construction of facilities for the Ichthys project, an offshore natural gas development project. The primary parties involved were SafeRad SE Asia Pty Ltd, a subcontractor, and the project's primary contractor.

The court needed to determine whether the terms of the agreement were fair and reasonable, considering the context of the industry and the specific circumstances of the project. This included assessing the balance of power between the parties, the clarity and fairness of the terms, and whether there were any provisions that were unconscionable or unfair. Additionally, the court had to consider whether the agreement complied with relevant legislative requirements, including those under the Australian Building and Construction Commission (Administration) Act 2005.

The court found that the agreement was fair and reasonable, noting that the terms reflected the industry's standard practices and were not unconscionable. The court also determined that the agreement complied with all relevant legislative requirements. Consequently, the court approved the SafeRad SE Asia Pty Ltd Ichthys Onshore Construction Greenfields Agreement, allowing the project to proceed under the specified terms.

SafeRad SE Asia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established