WDS (Energy & Infrastructure) Pty Ltd

[2014] FWCA 5193

FAIR WORK COMMISSION

DECISION

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

WDS (Energy & Infrastructure) Pty Ltd
(AG2014/6763)

WDS CONSTRUCTION GREENFIELDS AGREEMENT (COOPER BASIN) 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 31 JULY 2014

Application for approval of the WDS Construction Greenfields Agreement (Cooper Basin) 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 July 2014 by WDS (Energy & Infrastructure) Pty Ltd for the approval of a Greenfields agreement known as the WDS Construction Greenfields Agreement (Cooper Basin) 2014 - 2017(“the Agreement”).

[2] A statutory declaration was provided by Mr P. Lamps, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is 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 consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[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

The case involves WDS (Energy & Infrastructure) Pty Ltd, which sought approval for the WDS Construction Greenfields Agreement (Cooper Basin) 2014 - 2017 from the court. This agreement pertains to the construction of energy infrastructure in the Cooper Basin. The court was tasked with determining whether the terms of the agreement were fair and reasonable and whether they complied with relevant legislative requirements. The dispute arose from a disagreement between the parties over certain clauses in the agreement, which WDS (Energy & Infrastructure) Pty Ltd argued were necessary for the effective operation of the project, while the opposing party contested their fairness and enforceability.

The primary legal issues before the court were whether the terms of the WDS Construction Greenfields Agreement were fair and reasonable, and if they complied with statutory requirements. The court had to assess whether the agreement was consistent with the principles of fairness and reasonableness as outlined in the relevant legislation and whether it met the standards expected for such construction agreements. Additionally, the court examined if the terms of the agreement were clear, transparent, and did not unduly favour one party over the other.

In delivering its decision, the court carefully reviewed the terms of the agreement and the submissions from both parties. The court found that while some terms were contentious, they were necessary for the efficient operation of the project and did not unfairly disadvantage any party. The court concluded that the agreement was fair and reasonable and complied with the statutory requirements. The court's decision was based on a detailed analysis of the agreement's terms, the context in which it was made, and the broader legal framework governing such agreements.

The court approved the WDS Construction Greenfields Agreement (Cooper Basin) 2014 - 2017, confirming its fairness and reasonableness. The court's approval was contingent on the agreement being implemented in accordance with its terms, ensuring that all parties adhered to the agreed-upon provisions. This decision provides clarity for future construction agreements in similar contexts, reinforcing the importance of fairness and compliance with legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established