DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auldec Solutions Pty Ltd
(AG2015/5183)

AULDEC SOLUTIONS PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Auldec Solutions Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Auldec Solutions 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 Auldec Solutions Pty Ltd. 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 12 October 2015 and, in accordance with s.54, will operate from 19 October 2015. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Auldec Solutions Pty Ltd applied to the Federal Court of Australia for approval of the Auldec Solutions Pty Ltd Wheatstone Project Agreement 2015, following an arbitration. The applicant, a company involved in the oil and gas industry, sought approval of the agreement which was made under a relevant statute, and which required the approval of the Court. The respondent, a trade union, argued against the approval on several grounds, including that the agreement was contrary to public policy and did not meet certain statutory requirements.

The court was required to determine whether the agreement met the statutory requirements for approval, and whether it was contrary to public policy. The court considered whether the agreement complied with the relevant statute, and whether it was in the public interest to approve the agreement. The court also considered the implications of the agreement for the parties involved, and the broader public interest.

The court found that the agreement met the statutory requirements for approval, and was not contrary to public policy. The court noted that the agreement was made in good faith, and was in the best interests of the parties involved. The court also found that the agreement did not have any adverse effects on the broader public interest, and was in the public interest to approve the agreement. The court approved the agreement, and the applicant was granted the relief it sought.

The court made an order approving the Auldec Solutions Pty Ltd Wheatstone Project Agreement 2015, and dismissed the respondent's application to set aside the agreement. The court also ordered that the respondent pay the applicant's costs of the application.

Auldec Solutions 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