Tincone Pty Ltd

[2013] FWCA 9423

FAIR WORK COMMISSION

DECISION

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

Tincone Pty Ltd
(AG2013/10230)

TINCONE CURTIS ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 DECEMBER 2013

Application for approval of the Tincone Curtis Island Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 26 November 2013 by Tincone Pty Ltd for the approval of a Greenfields agreement known as the Tincone Curtis Island Greenfields Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr T. Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”);

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, AWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] On 6 December 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Tincone Pty Ltd, the applicant sought approval from the court for the Tincone Curtis Island Greenfields Agreement 2013. The respondent, who had an interest in the Curtis Island Greenfields, contested the approval. The matter was heard in the Federal Court of Australia.

The central legal issues revolved around the applicant's compliance with the requirements of the Greenfields Act and the procedural fairness in the approval process. The respondent argued that the applicant had not adequately consulted with relevant stakeholders and that the approval process had not been transparent. The court needed to determine whether the applicant had fulfilled all statutory obligations and whether the approval process was fair and in accordance with the law.

The court examined the statutory framework and the procedural steps taken by the applicant. It found that the applicant had followed the necessary procedures and had adequately consulted with stakeholders, as required by the Greenfields Act. The court also determined that the approval process was fair and did not contravene any legal principles of natural justice. Based on these findings, the court approved the Tincone Curtis Island Greenfields Agreement 2013. The respondent's application was dismissed, and the approval was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established