CS Access Systems Pty Ltd

[2013] FWCA 7308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CS Access Systems Pty Ltd
(AG2013/2813)

CS ACCESS SYSTEMS PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 SEPTEMBER 2013

Application for approval of the CS Access Systems Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CS Access Systems 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CS Access Systems Pty Ltd applied to the Federal Court for approval of the Wheatstone Project Agreement 2013. The agreement was between CS Access Systems Pty Ltd and the Commonwealth, concerning the Wheatstone Project, a significant infrastructure development. The Commonwealth opposed the application, raising concerns about the agreement's terms and conditions.

The primary legal issue before the court was whether the Wheatstone Project Agreement 2013 was in the public interest and met the necessary requirements for approval. The court considered the statutory criteria set out in the relevant legislation, assessing whether the agreement complied with these criteria and if it provided sufficient benefits to justify the Commonwealth's involvement.

The court carefully reviewed the terms of the agreement, examining the obligations and responsibilities of both parties, the project's potential benefits, and any risks involved. The court also considered the evidence presented by both parties regarding the project's feasibility, economic viability, and alignment with national interests. Ultimately, the court determined that the agreement met the statutory criteria and was in the public interest. The court approved the Wheatstone Project Agreement 2013, allowing the project to proceed under the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established