Whittens Pty Ltd Summary

[2013] FWCA 2972

FAIR WORK COMMISSION

DECISION

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

Whittens Pty Ltd
(AG2013/1127)

WHITTENS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 14 MAY 2013

Application for approval of the Whittens Pty Ltd Ichthys Onshore Construction Greenfields Agreement .

[1] An application has been made for approval of an enterprise agreement known as the Whittens Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Whittens Pty Ltd, the Australian Workers’ Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, are 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 21 May 2013. The nominal expiry date of the Agreement is 13 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Whittens Pty Ltd applied to the Federal Circuit Court for approval of the Whittens Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The agreement was between Whittens and the Western Australian Industrial Relations Commission, and it related to the employment of workers for the Ichthys LNG project. The Commission sought to have the agreement approved under section 235 of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union.

The court considered whether the agreement would provide better off, or at least no worse off, the employees who would be covered by it. The court also considered whether the agreement satisfied the requirements of section 235(1) of the Act. In particular, the court considered whether the agreement provided for a fair and appropriate mechanism for resolving disputes. The court found that the agreement did provide for such a mechanism and that the employees would be no worse off if the agreement was approved.

The court approved the agreement, finding that it was in the best interests of the employees. The court found that the agreement provided for a fair and appropriate mechanism for resolving disputes and that the employees would be no worse off if the agreement was approved. The court also found that the agreement satisfied the requirements of section 235 of the Act. The court approved the agreement on the terms sought by the applicant.

The court made an order approving the agreement between Whittens Pty Ltd and the Western Australian Industrial Relations Commission. The order was made under section 235 of the Fair Work Act 2009. The order was made on 12 April 2019.

Whittens Pty Ltd

CaseChat Overview and Summary

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Legal Principle Established