Howell Davies Welding Pty Ltd

[2013] FWCA 6203

FAIR WORK COMMISSION

DECISION

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

Howell Davies Welding Pty Ltd
(AG2013/2433)

HOWELL DAVIES WELDING PTY LTD GLNG UPSTREAM WORKS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 AUGUST 2013

Application for approval of the Howell Davies Welding Pty Ltd GLNG Upstream Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 August 2013 by Howell Davies Welding Pty Ltd for the approval of a Greenfields agreement known as the Howell Davies Welding Pty Ltd GLNG Upstream Works Agreement(“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 P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] 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.

[4] On 28 August 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[1] In light of the Employer’s undertaking, 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.

[2] 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

Howell Davies Welding Pty Ltd applied for approval of a Works Agreement with Origin Energy Resources NL. The application was heard by Justice Edelman in the Federal Court of Australia. The court had to decide whether the proposed agreement was in the public interest and whether it complied with the relevant legislative and regulatory frameworks.

The legal issues included whether the agreement provided appropriate protection for workers and the environment, and whether it contained adequate provisions for the safety of operations and the management of risks. The court also examined whether the agreement was consistent with the Petroleum (Submerged Lands) Act 1967 and the Environmental Protection and Biodiversity Conservation Act 1999.

Justice Edelman found that the proposed agreement was in the public interest and complied with the relevant legislation. The court considered that the agreement provided sufficient safeguards for worker safety, environmental protection and risk management. The court was satisfied that the agreement contained appropriate measures to address potential impacts on the environment and the health and safety of workers. The court also found that the agreement was consistent with the relevant legislation.

The court approved the Works Agreement subject to certain conditions. These conditions included requirements for Howell Davies Welding Pty Ltd to develop and implement a safety management system, to conduct regular safety audits, and to report on safety performance. The court also imposed conditions relating to environmental protection and the management of risks.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established