National Union of Workers, New South Wales v HP Distribution Pty Ltd [2013] FCA 139

National Union of Workers, New South Wales v HP Distribution Pty Ltd [2013] FCA 139

The HP Distribution Pty Limited Greenfields Agreement 2011 was a greenfields agreement within the meaning of s 172(2)(b) Fair Work Act 2009 (Cth), because HP Distribution was establishing a genuine new enterprise, and no persons necessary for the normal conduct of the enterprise had been previously employed by HP Distribution before the agreement was made. Preparatory steps by Woolworths or its subsidiaries did not negate the genuineness of the new enterprise or the power to make a greenfields agreement.

Jurisdiction
Australia
Judgment Date
04 February 2013
Procedural Posture
Judicial Review/constitutional Writ Relief (industrial Law) / Final Hearing and Judgment on Application
Outcome
Application dismissed
Legal Topics
['statutory Construction' 'enterprise Agreements' 'greenfields Agreements' 'jurisdictional Fact' 'fair Work Act 2009 (cth)']
['industrial Law'] ['statutory Construction' 'enterprise Agreements' 'greenfields Agreements' 'jurisdictional Fact' 'fair Work Act 2009 (cth)']

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Procedural Posture

Judicial Review/constitutional Writ Relief (industrial Law) / Final Hearing and Judgment on Application

Legal Issues

  1. 1 ["Whether the HP Distribution Pty Limited Greenfields Agreement 2011 was a 'greenfields agreement' within s 172(2)(b) of the Fair Work Act 2009 (Cth)" 'Whether sufficient jurisdictional facts existed for Fair Work Commission to approve the agreement' 'Whether prior preparatory steps or employment by holding company disqualify an agreement from being a greenfields agreement']

Ratio Decidendi

The HP Distribution Pty Limited Greenfields Agreement 2011 was a greenfields agreement within the meaning of s 172(2)(b) Fair Work Act 2009 (Cth), because HP Distribution was establishing a genuine new enterprise, and no persons necessary for the normal conduct of the enterprise had been previously employed by HP Distribution before the agreement was made. Preparatory steps by Woolworths or its subsidiaries did not negate the genuineness of the new enterprise or the power to make a greenfields agreement.

Court Disposition

Application dismissed

Orders

  • ['National Union of Workers joined as second applicant' 'Application dismissed' 'Time for appeal extended to 21 days after written reasons published']