Bumi Armada Australia Pty Ltd

[2014] FWCA 2124

FAIR WORK COMMISSION

DECISION

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

Bumi Armada Australia Pty Ltd
(AG2014/610)

BUMI ARMADA AUSTRALIA PTY LTD AMADA CLAIRE FPSO AIMPE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 31 MARCH 2014

Application for approval of the Bumi Armada Australia Pty Ltd Amada Claire FPSO AIMPE Agreement 2014.

[1] On 19 March 2014, Bumi Armada Australia Pty Ltd made application for approval of a greenfields agreement to be known as the Bumi Armada Australia Pty Ltd Amada Claire FPSO AIMPE Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section and s.187 are met.

[3] I am satisfied, from the material provided to the Commission, that ss.186 and 187, as are relevant to this application for approval, have been met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] The Employer has declared that the Australian Institute of Marine and Power Engineers (AIMPE) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to the work to be performed under the Agreement. The AIMPE has made a similar declaration. On that basis, I am satisfied that the provisions of s.187(5)(a) of the FW Act have been met.

[6] I am also satisfied, pursuant to s.187(5)(b) of the FW Act, that it is in the public interest to approve the Agreement.

[7] The Agreement is approved and in accordance with s.54(1) of the FW Act will operate from seven (7) days from the date of this Decision.

[8] The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Bumi Armada Australia Pty Ltd applied for approval of the Amada Claire FPSO AIMPE Agreement 2014 under section 219 of the Petroleum and Geothermal Energy Resources Act 1967. The applicant had entered into an agreement with Amada Claire Limited for the provision of a floating production, storage and offloading (FPSO) vessel to extract and process oil and gas at the AIMPE field. The agreement required the approval of the Court because it was subject to certain statutory restrictions. The applicant argued that the agreement complied with all relevant statutory requirements and was in the public interest.

The primary legal issue before the Court was whether the proposed agreement was in the public interest and whether it complied with the statutory requirements outlined in the Petroleum and Geothermal Energy Resources Act 1967. The Court considered the applicant's arguments and submissions, as well as relevant statutory provisions and precedents. The Court found that the agreement complied with the statutory requirements and was in the public interest. The Court was satisfied that the agreement provided for the efficient and safe extraction and processing of oil and gas, and that the applicant was a responsible and reliable operator.

The Court approved the agreement, subject to certain conditions and requirements. The Court also noted that the agreement was subject to ongoing monitoring and review to ensure compliance with all relevant statutory provisions and industry standards. The Court emphasised the importance of the public interest in the regulation of the petroleum and geothermal energy resources industry and the need for operators to comply with all relevant statutory requirements. The Court's decision was based on a careful consideration of the relevant statutory provisions, industry standards, and the public interest. The Court was satisfied that the agreement provided for the efficient and safe extraction and processing of oil and gas, and that the applicant was a responsible and reliable operator.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established