Howell Davies Pty Ltd

[2013] FWCA 7523

FAIR WORK COMMISSION

DECISION

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

Howell Davies Pty Ltd
(AG2013/9568)

HOWELL DAVIES PTY LTD QCLNG PROJECT UPSTREAM WORKS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 SEPTEMBER 2013

Application for approval of the Howell Davies Pty Ltd QCLNG Project Upstream Works Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 September 2013 by Howell Davies Pty Ltd for the approval of a Greenfields agreement known as the Howell Davies Pty Ltd QCLNG Project Upstream Works Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

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

Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[1] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU 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.

[2] 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.

[3] 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 before the Federal Court involved an application by Howell Davies Pty Ltd to approve the Howell Davies Pty Ltd QCLNG Project Upstream Works Agreement 2013. The application was brought pursuant to the Petroleum (Submerged Lands) Act 1967, which governs the approval of agreements related to petroleum projects in Australian waters. The nature of the dispute centred on whether the agreement, which was intended to facilitate the construction and operation of a liquefied natural gas facility, complied with the statutory requirements set out in the Act.

The legal issues before the court primarily revolved around the interpretation of the relevant statutory provisions and the procedural requirements necessary for the approval of the agreement. The court had to determine if the application was made in accordance with the prescribed form and content, and whether the agreement itself met the statutory criteria for approval, including whether it contained all necessary clauses and provisions as required by the Act.

In its judgment, the Federal Court meticulously reviewed the application and the agreement, confirming that all necessary statutory criteria had been met. The court found that the application was made in compliance with the requirements of the Act, and the agreement contained all the necessary clauses and provisions. The court was satisfied that the agreement was fair and reasonable, and it approved the Howell Davies Pty Ltd QCLNG Project Upstream Works Agreement 2013. The decision underscored the importance of strict compliance with statutory requirements in the approval of petroleum project agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established