DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Turn Key Projects Pty Ltd
(AG2015/738)

INDUSTRIAL TURN KEY PROJECTS PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 APRIL 2015

Application for approval of the Industrial Turn Key Projects Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Turn Key Projects Pty Ltd Wheatstone Project Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Turn Key Projects 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, 187 and 188 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 9 April 2015 and, in accordance with s.54, will operate from 16 April 2015. The nominal expiry date of the Agreement is 9 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Turn Key Projects Pty Ltd applied for the approval of the Industrial Turn Key Projects Pty Ltd Wheatstone Project Agreement 2015. The agreement involved the construction and commissioning of a natural gas processing plant at Wheatstone, Western Australia. The Federal Court had jurisdiction to approve the agreement under the Fair Work Act 2009.

The primary legal issue was whether the agreement met the requirements of the Fair Work Act, specifically whether it was in the best interests of the employees covered by the agreement. The court had to consider the balance between the interests of the employer and employees, including the potential benefits and detriments to employees. The court also had to ensure that the agreement did not undermine the protection of employees' rights.

The court found that the agreement was in the best interests of the employees. It ensured the continuity of employment and provided certainty for the employees during a significant project. The court considered the economic benefits to the employees, the protection of their rights, and the overall fairness of the agreement. The court was satisfied that the agreement met the statutory criteria and approved the agreement.

The court ordered that the Industrial Turn Key Projects Pty Ltd Wheatstone Project Agreement 2015 be approved as filed. This approval was subject to specific conditions, including the implementation of a dispute resolution process and the provision of information to employees. The court's decision provided clarity for both the employer and employees regarding the terms of the agreement.

Industrial Turn Key Projects Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established