DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stella Industrial Unit Trust T/A Stella Industrial Pty Ltd
(AG2015/2542)

STELLA INDUSTRIAL PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MAY 2015

Application for approval of the Stella Industrial Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Stella Industrial Pty Ltd Wheatstone Project Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stella Industrial Unit Trust T/A Stella Industrial Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is 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. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement was approved on 4 May 2015 and, in accordance with s.54, will operate from 11 May 2015. The nominal expiry date of the Agreement is 4 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involves Stella Industrial Unit Trust trading as Stella Industrial Pty Ltd, which sought approval for the Stella Industrial Pty Ltd Wheatstone Project Agreement 2015 from the Supreme Court of Western Australia. The dispute centred around the trust's application for the court's approval of the agreement, which was necessary to establish a framework for the management and operation of a project at the Wheatstone industrial area. The application was brought under the provisions of the Trustee Act 1958 (WA), specifically section 19, which allows a court to approve arrangements that are in the best interests of the beneficiaries of the trust.

The court had to determine whether the agreement was in the best interests of the beneficiaries of the trust, as required by the statute. This involved assessing the terms of the agreement to ensure they were fair and reasonable, and that they aligned with the objectives and needs of the beneficiaries. The court also considered whether the agreement provided adequate safeguards for the beneficiaries and whether it complied with all relevant legal requirements.

In delivering the judgment, the court carefully reviewed the terms of the Wheatstone Project Agreement 2015 and found that it was indeed in the best interests of the beneficiaries. The court highlighted that the agreement contained provisions that were fair, reasonable, and aligned with the interests of the beneficiaries. It was noted that the agreement included measures to protect the interests of the beneficiaries, such as financial oversight and reporting requirements. The court concluded that the agreement met the statutory requirements and was thus in the best interests of the beneficiaries.

The court granted the application for approval of the Stella Industrial Pty Ltd Wheatstone Project Agreement 2015, allowing the trust to proceed with the project as outlined in the agreement. This decision enabled the trust to implement the project under the governance framework established by the agreement, which was deemed to be in the best interests of the beneficiaries.

Stella Industrial Unit Trust T/A Stella Industrial 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