Westwing Concrete Pty Ltd

[2013] FWCA 1151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westwing Concrete Pty Ltd
(AG2013/242)

WESTWING CONCRETE PTY LTD AWU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 FEBRUARY 2013

Application for approval of the Westwing Concrete Pty Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Westwing Concrete Pty Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Westwing Concrete Pty Ltd involved an application for the approval of the Westwing Concrete Pty Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013. The applicant, Westwing Concrete Pty Ltd, sought the court's approval of this agreement, which was intended to govern the employment conditions for workers involved in the Gorgon Project on Barrow Island. The legal issues before the court were whether the agreement provided adequate protection for the employees' rights and whether it met the requirements set out in the Fair Work Act 2009.

The court considered the provisions of the Fair Work Act, which mandates that any agreement affecting employees must be approved if it is to be binding. The court examined the agreement in light of these statutory requirements, assessing whether it provided for fair terms and conditions of employment, including wages, hours of work, and other entitlements. The court also considered the fairness of the dispute resolution mechanisms within the agreement. Ultimately, the court found that the agreement adequately protected the employees' rights and met the statutory requirements, and therefore approved the agreement.

The court's decision was based on a detailed analysis of the agreement's provisions and a comparison with the relevant legislative framework. The court concluded that the agreement provided for fair and reasonable terms of employment and included appropriate dispute resolution mechanisms. The court's approval of the agreement was thus a recognition of its compliance with the statutory requirements and its fairness to the employees involved in the Gorgon Project. The final orders of the court approved the Westwing Concrete Pty Ltd AWU - Gorgon Project - Barrow Island Greenfields Agreement 2013, allowing it to be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established