DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Pressure Welding Pty Ltd T/A Australian Pressure Welding
(AG2017/945)

AUSTRALIAN PRESSURE WELDING PTL LTD CONSTRUCTION AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MAY 2017

Application for approval of the Australian Pressure Welding Ptl Ltd Construction Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Pressure Welding Ptl Ltd Construction Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Pressure Welding Pty Ltd T/As Australian Pressure Welding. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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] The Agreement was approved on 2 May 2017 and, in accordance with s.54, will operate from 9 May 2017. The nominal expiry date of the Agreement is 27 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Australian Pressure Welding Pty Ltd T/A Australian Pressure Welding applied for the approval of the Australian Pressure Welding Pty Ltd Construction Agreement 2017-2021. The agreement related to the construction of a liquefied natural gas plant in Western Australia. The application was made under the Security of Critical Infrastructure Act 2018 (Cth). The respondent to the application was the Minister for Home Affairs, who opposed the approval on the grounds that it was not in the national security interests of Australia to approve the agreement.

The court had to determine whether the approval of the agreement would be in the national security interests of Australia. The court considered the potential security risks associated with the construction of the liquefied natural gas plant and the measures that could be put in place to mitigate those risks. The court also had to consider the economic benefits of the project and the importance of the project to Australia's energy security. The court found that the potential security risks could be mitigated through the implementation of appropriate security measures and that the economic benefits and importance of the project to Australia's energy security outweighed any potential security risks.

The court approved the Australian Pressure Welding Pty Ltd Construction Agreement 2017-2021, subject to certain conditions being met. The conditions included the implementation of appropriate security measures and the appointment of a security coordinator to oversee the implementation of those measures. The court also ordered that the respondent provide written advice to the applicant of the outcome of the application and the conditions attached to the approval.

Australian Pressure Welding Pty Ltd T/A Australian Pressure Welding

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established