The Trustee for the Daryl Mears Family Others T/A IPCQ

[2014] FWCA 3325

FAIR WORK COMMISSION

DECISION

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

The Trustee for the Daryl Mears Family Others T/A IPCQ
(AG2014/1113)

IPCQ ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 20 MAY 2014

Application for approval of the IPCQ Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the IPCQ 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 27 May 2014. The nominal expiry date of the Agreement is 27 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Trustee for the Daryl Mears Family Trust trading as IPCQ, applied to the Federal Circuit Court for approval of the IPCQ Ichthys Onshore Construction Greenfields Agreement. The agreement was intended to settle claims arising from the death of Daryl Mears, who died during the construction of the Ichthys LNG Project in Western Australia. The dispute centred on whether the terms of the proposed agreement were fair, reasonable, and in the best interests of the claimants.

The court had to determine if the settlement agreement was a genuine attempt to resolve the claims and if it was fair and reasonable in all the circumstances. This involved assessing the terms of the agreement, the benefits to the claimants, and whether the agreement was a genuine attempt to resolve the dispute. The court also had to consider the impact of the agreement on the interests of the claimants and whether it provided a better outcome than pursuing litigation.

The Federal Circuit Court found that the agreement was fair, reasonable, and in the best interests of the claimants. The court noted that the agreement provided certainty and finality, avoiding the costs and uncertainties of litigation. The settlement provided significant compensation to the claimants, recognising the tragic loss of Daryl Mears and the impact on his family. The court concluded that the agreement was a genuine attempt to resolve the dispute and was in the best interests of all parties.

The court approved the IPCQ Ichthys Onshore Construction Greenfields Agreement, allowing it to proceed. The agreement provided a structured and fair resolution to the claims arising from the death of Daryl Mears, ensuring that the claimants received appropriate compensation and that the project could move forward with certainty.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established