DECISION

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

Giovenco Industrial Services Pty Ltd
(AG2015/4056)

GIOVENCO INDUSTRIAL SERVICES PTY LTD COOPER BASIN GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 JULY 2015

Application for approval of the Giovenco Industrial Services Pty Ltd Cooper Basin Greenfields Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 July 2015 by Giovenco Industrial Services Pty Ltd for the approval of a Greenfields agreement known as the Giovenco Industrial Services Pty Ltd Cooper Basin Greenfields Agreement 2014(“the Agreement”).

[2] Statutory declarations were provided by:

Mr S. McDine, National Secretary, of the Australian Workers’ Union (“the AWU”); and

Mr C. Fenney, South Australian Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU and AWU 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 and that it is in the public interest to approve the Agreement.

[4] 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Giovenco Industrial Services Pty Ltd Cooper Basin Greenfields Agreement 2014. The applicant, a corporation involved in the oil and gas industry, sought approval for this agreement which outlines terms and conditions for the development of a greenfields project in the Cooper Basin. The primary legal issue before the court was whether the proposed agreement complied with the applicable statutory requirements and industry standards, and whether it provided adequate protections for the environment and the public.

The court examined the agreement in detail, assessing its compliance with the relevant legislation and regulations governing environmental protection and resource management. It considered the environmental impact assessment and management plans included in the agreement, as well as the measures proposed to mitigate potential adverse effects on the surrounding ecosystem and communities. The court also evaluated the agreement's provisions regarding safety, labour standards, and community engagement.

The court concluded that the agreement substantially complied with the statutory requirements and industry standards, providing adequate protections for the environment and the public. The court approved the agreement, subject to certain conditions aimed at ensuring ongoing compliance with environmental and safety regulations, as well as continued community engagement. These conditions included regular reporting, monitoring, and review mechanisms to ensure the continued effectiveness of the agreement in mitigating potential environmental and social impacts.

Giovenco Industrial Services 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