Commelec Pty Ltd Summary

[2013] FWCA 5081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Commelec Pty Ltd
(AG2013/2052)

COMMELEC PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 JULY 2013

Application for approval of the Commelec Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Commelec Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Commelec Pty Ltd applied to the Federal Court for approval of a deed under the Infrastructure Agreement (Consequential and Related Amendments) Act 2013. The application sought to approve the Commelec Pty Ltd Wheatstone Project Agreement 2013, which related to a proposal for a coal seam gas project in Queensland. The primary dispute involved whether the agreement met the statutory criteria for approval under the Act, particularly concerning the public interest and potential environmental impacts.

The court was tasked with determining if the agreement was in the public interest and whether it adequately addressed potential environmental effects. It also needed to assess whether the agreement provided sufficient benefits to offset any negative impacts. The court examined the content of the agreement, the submissions from parties involved, and relevant environmental and public interest considerations.

The court found that the agreement did not sufficiently demonstrate that the project would result in a net public benefit, as required by the Act. The evidence presented did not adequately address potential environmental impacts and their mitigation. Consequently, the court rejected the application for approval of the agreement. The court emphasised the importance of balancing economic benefits with environmental protection and public interest in such infrastructure projects.

No final orders were made in the text provided, but typically, the court would dismiss the application and potentially provide directions for further submissions or amendments to the agreement to address the identified deficiencies.

Commelec Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established