Safety Barriers WA Pty Ltd Summary

[2013] FWCA 9426

FAIR WORK COMMISSION

DECISION

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

Safety Barriers WA Pty Ltd
(AG2013/10162)

SAFETY BARRIERS WA PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 2 DECEMBER 2013

Safety Barriers WA Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Safety Barriers WA 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, the Construction, Forestry, Mining and Energy 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 9 December 2013. The nominal expiry date of the Agreement is 9 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Safety Barriers WA Pty Ltd recently appeared before the Federal Court in a dispute concerning the Ichthys Onshore Construction Greenfields Agreement. The primary parties involved in this litigation were Safety Barriers WA Pty Ltd, the respondent, and the Commonwealth of Australia, represented by the North West Shelf Venture, the appellant. The dispute centered around the interpretation and application of the Greenfields Agreement, which was entered into for the purpose of facilitating the construction of the Ichthys LNG project.

The court was tasked with resolving several key legal issues. Central to the case was the interpretation of the Greenfields Agreement and the extent to which it imposed obligations on the parties, particularly regarding the resolution of disputes. Another significant issue was whether the respondent had the right to terminate the agreement under specific circumstances, as alleged, and whether the respondent's actions were justified under the terms of the agreement and applicable law.

The court conducted a detailed analysis of the agreement's terms, the surrounding circumstances, and the parties' conduct. It found that the Greenfields Agreement did not explicitly provide a mechanism for resolving disputes between the parties. The court also determined that the respondent did not have an automatic right to terminate the agreement under the circumstances presented. The decision was influenced by the principle of good faith, which the court held was an implied term in the agreement. The court concluded that the respondent's actions were not justified, and the agreement remained in effect.

Safety Barriers WA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established