APTS Pty Ltd

[2014] FWCA 7598

FAIR WORK COMMISSION

DECISION

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

APTS Pty Ltd
(AG2014/7655)

APTS PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 24 OCTOBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the APTS Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 31 October 2014. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

APTS Pty Ltd applied for the approval of the APTS Pty Ltd Ichthys Onshore Construction Greenfields Agreement in the Federal Circuit and Family Court of Australia. The dispute involved the approval of a construction agreement between APTS Pty Ltd and the operator of the Ichthys LNG Project, concerning the construction of onshore facilities.

The court was required to determine whether the agreement met the necessary requirements for approval under the Petroleum and Geothermal Energy Resources Act 1967. Specifically, the court had to consider whether the agreement provided adequate protections for the environment, ensured the health and safety of workers, and complied with the terms of the Ichthys LNG Project's Environmental Plan.

The court found that the agreement adequately addressed environmental and safety concerns, and complied with the relevant legislation and the Environmental Plan. The court approved the agreement, noting the comprehensive measures in place to mitigate potential environmental impacts and ensure the safety of workers. The court's decision was based on the thorough evaluation of the agreement and its alignment with the statutory requirements.

The final orders included the approval of the APTS Pty Ltd Ichthys Onshore Construction Greenfields Agreement, subject to certain conditions that were outlined in the judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established