DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Areas Access Group Pty Ltd
(AG2015/6042)

ALL AREAS ACCESS GROUP PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the All Areas Access Group Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the All Areas Access Group Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the All Areas Access Group Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 is 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 does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 19 November 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

All Areas Access Group Pty Ltd applied for approval of the All Areas Access Group Pty Ltd Wheatstone Project Agreement 2015. The agreement was entered into under the Access to Government Information Act 2009 (Vic) and related to the collection and use of information by the applicant in relation to the Wheatstone Project. The project involves the development of a natural gas processing facility in Western Australia. The applicant argued that the agreement was necessary to ensure compliance with the Act and to facilitate the efficient operation of the project.

The legal issues before the court were whether the agreement complied with the statutory requirements of the Act, and whether it was in the public interest to approve the agreement. The court considered whether the agreement provided sufficient safeguards for the protection of personal and sensitive information, and whether the applicant had demonstrated a need for the information that could not be met by less intrusive means. The court also considered whether the approval of the agreement would promote transparency and accountability in the operation of the project.

The court found that the agreement was consistent with the requirements of the Act and that the applicant had demonstrated a legitimate need for the information. The court was satisfied that the agreement provided adequate safeguards for the protection of personal and sensitive information, and that the approval of the agreement would not undermine the public interest in transparency and accountability. The court concluded that the agreement was in the public interest and approved it accordingly.

The court ordered that the All Areas Access Group Pty Ltd Wheatstone Project Agreement 2015 be approved and that the applicant take all reasonable steps to ensure compliance with the Act and the terms of the agreement. The court also ordered that the applicant provide regular reports to the relevant authorities on the collection and use of information under the agreement.

All Areas Access Group 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