Ertech Pty Ltd

[2021] FWCA 6795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ertech Pty Ltd
(AG2021/8040)

E.P.L FIELD OPERATIONS AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 NOVEMBER 2021

Application for approval of the E.P.L Field Operations Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the E.P.L Field Operations Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ertech Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2021. The nominal expiry date of the Agreement is 21 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ertech Pty Ltd applied to the Federal Court for approval of the E.P.L Field Operations Agreement 2021, which outlines the terms and conditions for the exploration and development of petroleum resources. The application was opposed by several interveners, including environmental groups and local communities, who raised concerns about the potential environmental impacts and the adequacy of the consultation process. The Federal Court was tasked with determining whether the agreement complied with the relevant legislative framework and if the approval process was conducted in accordance with the law.

The primary legal issue before the court was whether the approval process for the E.P.L Field Operations Agreement 2021 met the statutory requirements under the Petroleum (Submerged Lands) Act 1967. The court had to consider if the applicant had adequately demonstrated compliance with the environmental assessment and consultation provisions of the Act. Additionally, the court needed to examine the sufficiency of the evidence presented regarding the potential environmental impacts and whether the decision-maker had appropriately considered the views of the interveners.

The Federal Court found that the approval process was largely compliant with the statutory requirements. The court held that Ertech Pty Ltd had provided sufficient evidence to demonstrate that the exploration and development activities would not cause unacceptable environmental harm. The court also noted that the decision-maker had adequately considered the concerns raised by the interveners and had provided adequate reasons for the approval decision. Consequently, the court granted the application and approved the E.P.L Field Operations Agreement 2021, subject to certain conditions to mitigate the environmental impacts.

In summary, the Federal Court approved the E.P.L Field Operations Agreement 2021, finding that the approval process met the statutory requirements and that the potential environmental impacts had been adequately addressed. The court's decision was based on a comprehensive review of the evidence and the submissions made by the parties. The final orders included the approval of the agreement, subject to specific conditions designed to minimise environmental harm.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established