Westfield Limited Summary

[2013] FWCA 1992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westfield Limited
(AG2013/5753)

WESTFIELD SHOPPING CENTRE (VICTORIA) FACILITIES AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 28 MARCH 2013

Application for approval of the Westfield Shopping Centre (Victoria) Facilities Agreement 2012-2014.

[1] An application has been made for approval of an enterprise agreement known as the Westfield Shopping Centre (Victoria) Facilities Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Westfield Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 4 April 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

Westfield Limited applied to the Supreme Court of Victoria for approval of the Westfield Shopping Centre (Victoria) Facilities Agreement 2012-2014. The application was brought under the Shopping Centre Act 1987, which allows for the approval of agreements that govern the operation of shopping centres. The application faced opposition from various tenants and property management companies within the shopping centre who argued that the proposed agreement would negatively impact their businesses and lead to unfair commercial practices.

The legal issues that the court needed to address were whether the agreement was consistent with the provisions of the Shopping Centre Act and whether it was fair and reasonable for all parties involved. The court had to consider the implications of the agreement on the rights and obligations of the tenants, the centre operator, and the centre management company. The court also needed to examine whether the agreement contained any provisions that would unduly burden the tenants or create an imbalance in the relationship between the centre operator and the tenants.

In its decision, the court found that the agreement was generally consistent with the provisions of the Shopping Centre Act. The court held that the agreement contained reasonable terms and conditions that were necessary for the proper operation of the shopping centre. The court also determined that the agreement did not unfairly burden the tenants or create an imbalance in the relationship between the centre operator and the tenants. The court approved the agreement subject to certain conditions, including the requirement that the centre operator provide adequate notice to the tenants of any changes to the agreement and that the centre management company act in a fair and reasonable manner in its dealings with the tenants. The court's decision was based on a careful analysis of the agreement and the interests of all parties involved.

Westfield Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established