DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aqua-Terra Oil and Mineral Service and Supply Co Pty Ltd T/A Atom Supply
(AG2015/854)

ATOM SUPPLY WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 APRIL 2015

Application for approval of the Atom Supply Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Atom Supply 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 Aqua-Terra Oil and Mineral Service and Supply Co Pty Ltd T/A Atom Supply. 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 17 April 2015 and, in accordance with s.54, will operate from 24 April 2015. The nominal expiry date of the Agreement is 17 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Federal Court of Australia, Aqua-Terra Oil and Mineral Service and Supply Co Pty Ltd, trading as Atom Supply, sought approval for the Atom Supply Wheatstone Project Agreement 2015. This agreement related to the supply of oil and gas services to the Wheatstone Project in Western Australia. The dispute arose when the approval process was challenged, necessitating judicial review.

The central legal issues before the court were whether the approval process was in compliance with statutory requirements and whether there was any procedural unfairness or jurisdictional error in the decision-making process. The applicant argued that the statutory framework and administrative procedures were followed correctly, while the respondent raised concerns about the fairness and legality of the approval.

The court examined the relevant statutory provisions and administrative guidelines to determine if the approval process adhered to legal standards. The court found that the statutory requirements were met and there was no procedural unfairness or jurisdictional error. The decision-making process was deemed lawful and the statutory provisions were correctly applied. The court, therefore, dismissed the challenge to the approval of the Atom Supply Wheatstone Project Agreement 2015.

The final orders of the court were that the application for approval of the Atom Supply Wheatstone Project Agreement 2015 be approved, and the challenge to the approval process be dismissed. The statutory and administrative procedures were found to be compliant with legal requirements, thereby affirming the approval of the agreement.

Aqua-Terra Oil and Mineral Service and Supply Co Pty Ltd T/A Atom Supply

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established