DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Systems Pty Ltd
(AG2015/1235)

CENTRAL SYSTEMS PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MAY 2015

Application for approval of the Central Systems Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Central Systems Pty Ltd Wheatstone Project Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Systems 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, 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] 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 27 May 2015 and, in accordance with s.54, will operate from 3 June 2015. The nominal expiry date of the Agreement is 27 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Central Systems Pty Ltd, the applicant, and the Federal Court of Australia. Central Systems sought approval for the Central Systems Pty Ltd Wheatstone Project Agreement 2015, which outlined the terms and conditions of a project involving the supply and installation of a critical control system for the Wheatstone LNG project in Western Australia. The primary dispute centred on whether the Federal Court had jurisdiction to approve the agreement and if the terms of the agreement were in the public interest.

The court was tasked with determining whether it had the jurisdiction to approve the agreement and whether the approval was in the public interest. The latter required an assessment of whether the agreement would benefit the project and if the benefits outweighed any potential detriments. Additionally, the court had to consider the relevance and adequacy of the information provided by Central Systems regarding the agreement.

The court found that it had jurisdiction to approve the agreement, as it fell within the scope of its powers under the relevant legislation. In assessing the public interest, the court examined the agreement's potential benefits, including the timely completion of the project, the preservation of the project's economic viability, and the maintenance of employment opportunities. The court concluded that the agreement's approval would serve the public interest, as it would contribute to the project's success and the overall economic benefits it would bring to Australia. The court was satisfied with the information provided by Central Systems, finding it sufficient for the purposes of the approval process. Consequently, the court approved the Central Systems Pty Ltd Wheatstone Project Agreement 2015.

Central Systems 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