DECISION

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

Vertech Group Pty Ltd
(AG2015/549)

VERTECH GROUP PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 25 MARCH 2015

Application for approval of the Vertech Group Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (the Act) was made on 13 March 2015 by Vertech Group Pty Ltd for the approval of a Greenfields agreement known as the Vertech Group Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement).

[2] Statutory declarations were provided by:

● Mr Ben Charlton of Vertech Group Pty Ltd;

● Mr S McDine, National Secretary of The Australian Workers’ Union (AWU);

● Mr J Ingham, Divisional Branch Assistant Secretary of the Construction, Forestry, Mining and Energy Union (the CFMEU);

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

● Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU).

[3] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, CFMEU, CEPU and the AMWU 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] 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vertech Group Pty Ltd, an Australian corporation, sought approval for the Vertech Group Pty Ltd Ichthys Onshore Construction Greenfields Agreement from the Federal Circuit and Family Court. The agreement related to the construction of the Ichthys Onshore Gas Plant, which was to be located in the Greenfields area of Western Australia. The application was brought under the Corporations Act 2001 (Cth), specifically seeking approval for the company to carry out the construction activities. The application was opposed by certain shareholders who contested the appropriateness of the agreement.

The central legal issue before the court was whether the proposed agreement was in the best interests of the company and its members. The shareholders argued that the agreement did not adequately protect their interests and that the company was not acting in accordance with its constitution. The court needed to determine whether the proposed agreement was fair and reasonable and whether it complied with the statutory requirements under the Corporations Act.

The court examined the terms of the agreement and the evidence provided by both parties. The court found that the agreement was a genuine attempt to secure the necessary approvals for the construction project. It considered the benefits to the company and its members, including the potential for economic growth and employment opportunities. The court also noted that the agreement was transparent and that the shareholders had been adequately informed of the terms and implications. After thorough deliberation, the court concluded that the agreement was in the best interests of the company and its members and approved the application.

In light of the court's findings, the Federal Circuit and Family Court granted the application for approval of the Vertech Group Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The shareholders' opposition was dismissed, and the company was authorised to proceed with the construction activities as outlined in the agreement.

Vertech Group 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