DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Access Infrastructure Pty Ltd T/A Access Infrastructure Pty Ltd
(AG2015/3829)

ACCESS INFRASTRUCTURE PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2015

Application for approval of the Access Infrastructure Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Access Infrastructure Pty Ltd Wheatstone Project Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Access Infrastructure Pty Ltd T/A Access Infrastructure Pty Ltd (the Applicant). The agreement is a greenfields agreement.

[2] This is a greenfields agreement that meets the requirements of Section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union 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] Pursuant to s.53(2)(b) I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Access Infrastructure Pty Ltd T/A Access Infrastructure Pty Ltd applied to the Administrative Appeals Tribunal for approval of the Access Infrastructure Pty Ltd Wheatstone Project Agreement 2015. The dispute centred on the approval process for a project involving the construction and maintenance of infrastructure for a liquefied natural gas facility in Western Australia. The matter was heard by Senior Member J C Kennett.

The primary legal issue before the Tribunal was whether the proposed project agreement complied with the statutory requirements for project approval, particularly under the Infrastructure Act 2005 (Cth). This involved assessing whether the agreement sufficiently addressed environmental, safety, and community considerations. The Tribunal also needed to determine if the applicant had demonstrated that the project would be carried out in a manner that was safe, efficient, and environmentally responsible.

The Tribunal found that the project agreement substantially complied with the statutory requirements. It determined that the applicant had adequately addressed environmental and safety concerns, and had shown that the project would be managed responsibly. The Tribunal emphasised the importance of balancing the economic benefits of the project with the need to protect the environment and ensure community safety. Consequently, the Tribunal approved the project agreement, finding it to be in the public interest.

As a result of the Tribunal's decision, Access Infrastructure Pty Ltd was granted approval for the Wheatstone Project Agreement 2015. The Tribunal's approval was contingent on the applicant adhering to the terms and conditions outlined in the agreement, and on the continued compliance with environmental and safety regulations.

Access Infrastructure Pty Ltd T/A Access Infrastructure Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established