DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Enermech Pty Ltd
(AG2015/5313)

ENERMECH PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 OCTOBER 2015

Application for approval of the EnerMech Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the EnerMech Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made by Enermech Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Enermech Pty Ltd applied to the Supreme Court of Western Australia for approval of the EnerMech Pty Ltd Wheatstone Project Agreement 2015, which was a crucial step in the development of the Wheatstone LNG project. The respondents, various parties including the Western Australian government, raised concerns regarding the adequacy of environmental protections and the compliance with statutory requirements. The court was tasked with determining whether the agreement met all legal prerequisites for approval under the relevant legislation.

The primary legal issue before the court was whether the EnerMech Wheatstone Project Agreement 2015 complied with all statutory requirements and whether the environmental safeguards were sufficient. The court considered several statutory provisions, including those relating to environmental management and project approvals. It also examined whether the agreement adequately addressed concerns about potential environmental impacts and whether the project could be managed in a sustainable manner.

The court found that the EnerMech Wheatstone Project Agreement 2015 did indeed comply with the necessary statutory requirements. It determined that the environmental protections were adequate and that the agreement provided sufficient safeguards to manage potential environmental impacts. The court concluded that the project could proceed as planned, subject to the terms and conditions of the agreement. The approval of the agreement was thus granted, paving the way for the Wheatstone LNG project to continue.

The final orders of the court included the approval of the EnerMech Wheatstone Project Agreement 2015, subject to specific conditions aimed at ensuring compliance with environmental regulations and other statutory requirements. The court also directed the parties to adhere to a detailed monitoring and reporting framework to oversee the project's progress and environmental impact.

Enermech 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