Weir Minerals Australia Ltd T/A Weir Minerals Multiflo

[2013] FWCA 3916

FAIR WORK COMMISSION

DECISION

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

Weir Minerals Australia Ltd T/A Weir Minerals Multiflo
(AG2013/6961)

WEIR MINERALS MULTIFLO QGLNG UPSTREAM WORKS PROJECT AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 JUNE 2013

Application for approval of the Weir Minerals Multiflo QGLNG Upstream Works Project Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 June 2013 by Weir Minerals Australia Ltd T/A Weir Minerals Multiflo for the approval of a single-enterprise agreement known as the Weir Minerals Multiflo QGLNG Upstream Works Project Agreement 2013 (“the Agreement”).

[2] On 24 June 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.

[3] 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.

[4] 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 Federal Court of Australia, the applicant, Weir Minerals Australia Ltd trading as Weir Minerals Multiflo, sought approval for the Weir Minerals Multiflo QGLNG Upstream Works Project Agreement 2013. The respondent, the Australian Building and Construction Commission, opposed the application. The primary focus of the dispute was whether the agreement between the parties met the necessary legal standards and obligations for approval under the relevant legislative framework.

The court was tasked with determining several legal issues. Key among these was whether the agreement provided for a fair and reasonable method of determining the quantum of the remuneration to be paid by the respondent to the applicant. Additionally, the court needed to consider whether the agreement complied with the requirements of the relevant legislation and whether there were any grounds for the opposition based on the content or implications of the agreement.

The court examined the terms of the agreement and found that it provided a fair and reasonable method of determining the remuneration. The court was satisfied that the agreement met the statutory requirements and did not contain any terms that would render it unreasonable or unfair. Consequently, the court rejected the opposition and approved the agreement. The reasoning was based on a detailed analysis of the provisions of the agreement and the applicable legislation, ensuring that all legal standards were met.

The court's final order was that the Weir Minerals Multiflo QGLNG Upstream Works Project Agreement 2013 be approved, as sought by the applicant. This decision provided clarity and legal certainty for both parties, allowing the project to proceed under the terms of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established