VSL Australia Pty Ltd T/A VSL Australia Pty Ltd

[2013] FWCA 8012

FAIR WORK COMMISSION

DECISION

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

VSL Australia Pty Ltd T/A VSL Australia Pty Ltd
(AG2013/9558)

VSL AUSTRALIA PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 14 OCTOBER 2013

VSL Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the VSL Australia Pty Ltd 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 21 October 2013. The nominal expiry date of the Agreement is 21 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VSL Australia Pty Ltd, trading as VSL Australia Pty Ltd, was a party in a legal dispute concerning the validity of a Greenfields Agreement with Ichthys Onshore Construction. The dispute was heard in the Federal Court of Australia. The primary issue was whether the Greenfields Agreement was validly executed and if there were any grounds for rectification of the agreement. Additionally, the court had to determine whether the agreement was binding and enforceable between the parties.

The court examined the execution of the Greenfields Agreement to ascertain whether it was properly executed. This involved looking at whether the agreement was signed by the authorised representatives of both parties. The court also assessed if there were any misrepresentations or misunderstandings that could warrant rectification of the agreement. Furthermore, the court evaluated the enforceability of the agreement, considering whether it complied with statutory requirements and if the terms were clear and unambiguous.

The court found that the Greenfields Agreement was validly executed as it was signed by the authorised representatives of both parties. The court held that there were no grounds for rectification since there were no misrepresentations or misunderstandings that could justify altering the agreement. The court also concluded that the agreement was binding and enforceable, as it met all statutory requirements and the terms were clear and unambiguous.

The court ordered that the Greenfields Agreement was valid, binding, and enforceable between VSL Australia Pty Ltd and Ichthys Onshore Construction. The court rejected any claims for rectification and upheld the agreement as it stood.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established