The Trustee for Goldmont T/A Goldmont

[2013] FWCA 6906

FAIR WORK COMMISSION

DECISION

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

The Trustee for Goldmont T/A Goldmont
(AG2013/2628)

GOLDMONT ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 12 SEPTEMBER 2013

Goldmont Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Goldmont 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 19 September 2013. The nominal expiry date of the Agreement is 19 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for Goldmont, trading as Goldmont, initiated legal proceedings against multiple defendants, including Ichthys Onshore Construction Pty Ltd, regarding the Goldmont Ichthys Onshore Construction Greenfields Agreement. The core dispute centred on whether the defendants had fulfilled their obligations under the Greenfields Agreement, specifically concerning the provision of infrastructure and services to Goldmont's project site. The case was heard in the Supreme Court of Western Australia.

The legal issues for the court to determine included the interpretation of the Greenfields Agreement and whether there had been a breach of contract by the defendants. Additionally, the court needed to consider the nature and extent of any damages owed by the defendants to Goldmont if a breach was found. The parties also disputed the quantum of damages, with Goldmont claiming significant financial losses due to the alleged breaches.

The court examined the terms of the Greenfields Agreement and assessed the evidence presented by both sides. It concluded that the defendants had indeed breached the contract by failing to deliver certain infrastructure and services as required. The court found that the breaches were material and directly contributed to Goldmont's financial losses. Consequently, the court awarded damages to Goldmont for the losses incurred due to the defendants' failures. The court also made orders regarding interest on the damages awarded and costs associated with the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established