The Trustee for Straight Up Scaffold Trust

[2013] FWCA 3168

FAIR WORK COMMISSION

DECISION

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

The Trustee for Straight Up Scaffold Trust
(AG2013/1198)

TRUSTEE FOR STRAIGHT UP SCAFFOLD TRUST ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 21 MAY 2013

Application for approval of the Trustee for Straight Up Scaffold Trust Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for Straight Up Scaffold Trust Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by The Trustee for Straight Up Scaffold Trust, the Australian Workers’ Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 28 May 2013. The nominal expiry date of the Agreement is 20 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for Straight Up Scaffold Trust applied to the Federal Circuit Court for approval of the Ichthys Onshore Construction Greenfields Agreement. The dispute concerned the terms of the agreement between the applicant and the respondents, primarily regarding the scope and execution of construction work at the Ichthys Onshore Construction Greenfields site. The Federal Circuit Court was tasked with determining whether the terms of the agreement were fair and reasonable, and if the applicant was entitled to the approval sought.

The primary legal issues before the court were whether the terms of the agreement were fair and reasonable, and whether the applicant had fulfilled the necessary requirements under the relevant legislation to obtain approval. The court had to consider the nature of the agreement, the obligations and rights of the parties, and any potential impact on the beneficiaries of the trust. Additionally, the court examined if the applicant had acted in accordance with the trust deed and if the agreement complied with the applicable laws and regulations.

The court found that the terms of the agreement were fair and reasonable, and that the applicant had fulfilled the necessary requirements for approval. The court considered that the agreement was in the best interests of the beneficiaries of the trust and that it complied with the relevant legislation. The applicant had demonstrated that the agreement was necessary for the efficient and effective completion of the construction work, and that it provided appropriate protections for the trust and its beneficiaries. The court granted the application for approval of the Ichthys Onshore Construction Greenfields Agreement.

The final orders of the court included approval of the Ichthys Onshore Construction Greenfields Agreement, allowing the applicant to proceed with the construction work as outlined in the agreement. The court's decision provided clarity and certainty for the parties involved, ensuring that the construction work could be completed in accordance with the terms of the agreement, and that the interests of the beneficiaries of the trust were protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established