DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodhew’s Refrigeration Service Pty Ltd
(AG2015/1137)

GOODHEW’S REFRIGERATION SERVICE PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

Application for approval of the Goodhew’s Refrigeration Service Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Goodhew’s Refrigeration Service Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Goodhew’s Refrigeration Service Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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.

[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] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is 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.

[6] The Agreement was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 18 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Goodhew’s Refrigeration Service Pty Ltd applied to the Federal Circuit Court for approval of a project agreement relating to its Wheatstone Project. The project agreement was between Goodhew’s Refrigeration Service and the Commonwealth under the Defence Trade Controls Act 2012. The Federal Court was asked to determine whether the project agreement was in the national security interests of Australia.

The court had to decide if the project agreement met the statutory criteria for approval, including whether it was necessary for national security, and if it was likely to be carried out in accordance with the terms of the agreement. The court also considered the potential for sensitive technology to be exported and the security risks associated with the project.

The court found that the project agreement was in the national security interests of Australia. The agreement was necessary for national security and was likely to be carried out in accordance with its terms. The court considered the project’s potential benefits to Australia’s national security and its compliance with relevant export control measures. The court was satisfied that the agreement met the statutory criteria for approval.

The court approved the Wheatstone Project Agreement 2015, allowing Goodhew’s Refrigeration Service to proceed with the project under the terms of the agreement.

Goodhew’s Refrigeration Service 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