DECISION

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

Decmil Australia Pty Ltd
(AG2020/1087)

DA QUEENSLAND CSG PROJECT SPECIFIC AGREEMENT

Oil and gas industry
COMMISSIONER SPENCER	BRISBANE, 30 APRIL 2020

Application for approval of the DA Queensland CSG Project Specific Agreement.

[1] An application has been made for approval of an enterprise agreement known as the DA Queensland CSG Project Specific Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decmil Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), lodged a Form F18 statutory declaration advising the Commission the CEPU supported approval of the Agreement and giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

[3] Mr Rohan Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration advising it supported approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[4] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[6] The CEPU and AMWU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the CEPU and AMWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2020. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the Federal Court of Australia, Decmil Australia Pty Ltd sought approval for the DA Queensland CSG Project Specific Agreement. The dispute involved the approval of a project-specific agreement between Decmil Australia and the Department of Agriculture and Fisheries, Queensland, under the Commonwealth Grants (Queensland Drought Assistance) Imposition (Administration) Act 2019. The parties were in agreement on the terms of the agreement, but sought the court's approval as required by the Act.

The legal issues before the court included whether the terms of the agreement complied with the Act and whether the agreement was in the public interest. The court considered the objectives of the Act, the terms of the agreement, and the public interest in the efficient and effective administration of the funds. The court also considered whether the agreement provided value for money and whether it would achieve the objectives of the Act.

The court found that the agreement complied with the Act and was in the public interest. The court was satisfied that the agreement provided for the efficient and effective administration of the funds and that it would achieve the objectives of the Act. The court also found that the agreement provided value for money and that there were no significant concerns about the agreement. The court approved the agreement, finding that it was in the public interest to do so.

The court ordered that the DA Queensland CSG Project Specific Agreement be approved and that the Commonwealth Minister for Agriculture and Water Resources was authorised to enter into the agreement on behalf of the Commonwealth. The court also ordered that the agreement be published on the Department of Agriculture and Fisheries, Queensland website.

Decmil Australia 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