Copal Engineering Pty Ltd

[2013] FWCA 232

FAIR WORK COMMISSION

DECISION

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

Copal Engineering Pty Ltd
(AG2012/13020)

COPAL ENGINEERING PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 JANUARY 2013

Application for approval of the Copal Engineering Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Copal Engineering Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Copal Engineering Pty Ltd, The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, are 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.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 18 January 2013. The nominal expiry date of the Agreement is 10 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Copal Engineering Pty Ltd, sought approval of the Copal Engineering Pty Ltd Ichthys Onshore Construction Greenfields Agreement, which was an agreement for the construction of a gas plant in Western Australia. The applicant submitted that the agreement was in the public interest and complied with the relevant statutory requirements. The Federal Court was required to determine whether the agreement should be approved.

The primary legal issue was whether the agreement met the statutory criteria for approval under the Offshore Constitutional Arrangements Act. Specifically, the Court had to consider whether the agreement complied with the requirements set out in section 40 of the Act and whether the applicant had demonstrated that the agreement was in the public interest. The Court also needed to examine whether the agreement met the conditions for approval as outlined in the Offshore Constitutional Arrangements (Greenfields Agreements) Regulations.

The Court found that the agreement did meet the statutory criteria for approval. It was in the public interest, as it facilitated the construction of a major gas plant that would contribute significantly to the national economy. The Court determined that the agreement complied with the legislative requirements, including the provisions in section 40 of the Act and the regulations. The applicant had provided sufficient evidence to demonstrate that the agreement would be beneficial and would not adversely affect the public interest. Consequently, the Court approved the agreement.

The Court ordered the approval of the Copal Engineering Pty Ltd Ichthys Onshore Construction Greenfields Agreement, subject to the terms and conditions outlined in the agreement. The approval was granted on the basis that the agreement met the statutory criteria and was in the public interest. The Court emphasised that ongoing compliance with the agreement and adherence to the conditions of approval were essential.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established