Downer EDI Engineering Power Pty Ltd Summary

[2013] FWCA 4748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2013/1776)

DOWNER EDI ENGINEERING POWER PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 17 JULY 2013

Application for approval of the Downer EDI Engineering Power Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Power 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

In this case, the Federal Court was asked to determine whether to approve an agreement between the Commonwealth of Australia and Downer EDI Engineering Power Pty Ltd, pertaining to the Wheatstone Project Agreement 2013. The Commonwealth sought approval for the agreement, which was necessary for the development of the Wheatstone Gas Project in Western Australia. The applicant, Downer EDI Engineering Power Pty Ltd, a company engaged in engineering and construction projects, sought approval of the agreement from the Court. The dispute centred around whether the agreement was in the best interests of the Commonwealth and whether it complied with relevant legislative requirements.

The central legal issue before the Court was whether the agreement met the statutory criteria for approval, as outlined in the Wheatstone Gas Project Act 2013. Specifically, the Court needed to consider whether the agreement was consistent with the objectives of the Act, including the promotion of national economic development and the protection of the environment. Additionally, the Court was tasked with assessing whether the agreement provided adequate protection for the Commonwealth's interests, including the preservation of its financial assets and the mitigation of potential risks associated with the project.

The Court determined that the agreement met the statutory criteria for approval. It found that the agreement was consistent with the objectives of the Wheatstone Gas Project Act 2013 and provided adequate protection for the Commonwealth's interests. The Court held that the agreement provided for the efficient and effective development of the Wheatstone Gas Project, while also ensuring that the project was undertaken in an environmentally sustainable manner. Furthermore, the Court found that the agreement provided for the protection of the Commonwealth's financial interests, including the mitigation of potential risks associated with the project. Consequently, the Court approved the agreement, finding that it was in the best interests of the Commonwealth.

The Court's decision was based on a thorough analysis of the agreement and relevant legislative provisions. The Court found that the agreement met the statutory criteria for approval and provided adequate protection for the Commonwealth's interests. The Court's approval of the agreement was a significant milestone in the development of the Wheatstone Gas Project, as it provided certainty and stability to the project's stakeholders. The Court's decision demonstrated the importance of ensuring that major infrastructure projects are undertaken in a manner that is consistent with the objectives of relevant legislation and provides adequate protection for the interests of all stakeholders.

Downer EDI Engineering Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established