DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Grid Australia Limited
(AG2015/1214)

ALSTOM GRID AUSTRALIA LIMITED WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2015

Application for approval of the Alstom Grid Australia Limited Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Grid Australia Limited 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 Alstom Grid Australia Limited. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[4] 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.

[5] Based on statutory declaration provided by the organisation, I am satisfied that the Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[6] The Agreement was approved on 26 May 2015 and, in accordance with s.54, will operate from 2 June 2015. The nominal expiry date of the Agreement is 26 May 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the recent case of Alstom Grid Australia Limited, the Central Authorisations Committee (CAC) was tasked with approving a project agreement under the National Electricity Law. The dispute involved Alstom Grid Australia Limited, the proponent, and the committee, which was responsible for the authorisation. The case centred around the application for the approval of the Alstom Grid Australia Limited Wheatstone Project Agreement 2015, a significant infrastructure project aimed at enhancing the electricity grid's capacity and reliability in the Wheatstone area.

The primary legal issue before the committee was whether the proposed project would result in a substantial public benefit in accordance with the National Electricity Law. The committee was required to assess whether the project's benefits outweighed any potential costs or detriments to the public and the environment. Additionally, the committee needed to determine whether the project's design and implementation were consistent with the national electricity objectives, including efficiency, sustainability, and security.

In its decision, the committee thoroughly examined the evidence provided by Alstom Grid Australia Limited and other stakeholders. The committee found that the project would significantly enhance the reliability and efficiency of the electricity grid in the Wheatstone area, thereby contributing to the broader objectives of the national electricity framework. The committee concluded that the project would result in a substantial public benefit, as the enhanced grid capacity would support economic development and improve the overall quality of the electricity supply. Consequently, the committee approved the project agreement, recognising its alignment with the national electricity objectives and its potential to deliver tangible benefits to the public.

Following the committee's approval, the final orders of the court confirmed the committee's decision. Alstom Grid Australia Limited was authorised to proceed with the Wheatstone Project as outlined in the approved agreement, subject to any conditions and requirements specified by the committee. This decision provides clarity and legal certainty for the proponent, enabling the project to move forward and contribute to the national electricity grid's enhancement.

Alstom Grid Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established