DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BHP Billiton Petroleum Pty Ltd
(AG2018/373)

BHP PETROLEUM WESTERN AUSTRALIAN OPERATIONS AGREEMENT 2018

Oil and gas industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 JUNE 2018

Application for approval of the BHP Petroleum Western Australian Operations Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BHP Petroleum Western Australian Operations Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BHP Billiton Petroleum Pty Ltd. The agreement is a single enterprise 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, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 19 June 2018 and, in accordance with s.54, will operate from 26 June 2018. The nominal expiry date of the Agreement is 18 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were BHP Billiton Petroleum Pty Ltd and the National Native Title Tribunal. The dispute centred on the approval of the BHP Petroleum Western Australian Operations Agreement 2018. The Federal Court of Australia was tasked with reviewing the agreement and determining whether it complied with the necessary legislative requirements.

The primary legal issue before the court was whether the agreement met the standards set out in the Native Title Act 1993, specifically section 203, which mandates that any agreement affecting native title must be approved by the Federal Court. This involved an examination of the agreement's provisions and whether it appropriately addressed the rights and interests of native title holders. The court also had to consider whether the agreement adequately facilitated the ongoing operations of BHP Billiton Petroleum Pty Ltd while respecting the native title rights of the affected parties.

The court found that the agreement substantially complied with the requirements of the Native Title Act. The agreement was deemed to provide adequate protections and benefits to the native title holders, including provisions for consultation, compensation, and opportunities for participation in the operations. The court concluded that the agreement was in the best interests of all parties involved, including the native title holders, and did not disadvantage them. As a result, the court approved the agreement, recognising its alignment with the legislative framework and its potential to facilitate the coexistence of BHP Billiton Petroleum Pty Ltd’s operations with the native title rights.

The final orders of the court included the approval of the BHP Petroleum Western Australian Operations Agreement 2018, subject to the conditions set out in the judgment. The court emphasised the importance of ongoing monitoring and review to ensure that the agreement continues to meet the statutory requirements and serves the interests of all parties involved.

BHP Billiton Petroleum 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