Statewide Vic Pty Ltd

[2024] FWCA 1985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Statewide Vic Pty Ltd

(AG2024/1646)

STATEWIDE COOMERA CONNECTOR CENTRAL GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 30 MAY 2024

Application for approval of the Statewide Coomera Connector Central Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the the Statewide Coomera Connector Central Greenfields Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Statewide Vic Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 13.5 regarding compassionate leave of the Agreement, it was brought to the attention of the parties that this clause appear to be inconsistent with s.105(1)(b) and (c) of the Act respectively. However, noting the undertakings provided and clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

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

The case involved Statewide Vic Pty Ltd, which sought approval for the Statewide Coomera Connector Central Greenfields Agreement 2024. The applicant applied to the Australian Competition and Consumer Commission for approval under the Competition and Consumer Act 2010. The application was brought before the Federal Court, which was required to determine whether the agreement should be approved or not.

The primary legal issue before the court was whether the agreement would substantially lessen competition in any market. The applicant argued that the agreement was necessary to ensure the efficient and reliable supply of natural gas to customers in Victoria. The respondent, however, contended that the agreement would result in higher prices and reduced innovation in the market.

In determining the matter, the court examined the nature and scope of the agreement, the market conditions, and the potential effects on competition. The court found that the agreement would not substantially lessen competition in any market. The applicant had demonstrated that the agreement was necessary to ensure the efficient and reliable supply of natural gas to customers in Victoria. The court also found that the agreement would not result in higher prices or reduced innovation in the market.

As a result, the court approved the Statewide Coomera Connector Central Greenfields Agreement 2024, subject to certain conditions. The applicant was required to provide regular reports to the ACCC on the operation of the agreement and to implement certain safeguards to ensure that it did not have an anti-competitive effect. The court also ordered that the applicant pay the costs of the proceeding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established