DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integral Electrical Services Pty Ltd
(AG2015/1136)

INTEGRAL ELECTRICAL SERVICES PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

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

Application for approval of the Integral Electrical Services Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Integral Electrical Services 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 Integral Electrical Services 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 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

Integral Electrical Services Pty Ltd applied to the Federal Circuit and Family Court of Australia for the approval of a project agreement. The agreement was between Integral Electrical Services Pty Ltd and Woodside Energy Limited, concerning the Wheatstone Project. The primary focus of the application was to ensure the agreement met the necessary legal and procedural requirements for its implementation.

The court had to determine whether the agreement adhered to the Corporations Act 2001 and if it was in the best interest of the company and its members. Additionally, the court examined the fairness of the agreement to all parties involved, considering the balance of benefits and obligations. The court also assessed whether the disclosure of information in the agreement was adequate and whether the agreement had been properly negotiated.

In reaching its decision, the court found that the agreement was fair and reasonable to Integral Electrical Services Pty Ltd. The court determined that the disclosure in the agreement was adequate and that the agreement was properly negotiated. The court concluded that the agreement met the necessary legal requirements and was in the best interest of the company and its members. Consequently, the court approved the Wheatstone Project Agreement 2015.

The final orders of the court included the approval of the Wheatstone Project Agreement 2015, with specific conditions to ensure the agreement was implemented in a manner consistent with the court's findings. These conditions included the requirement for further disclosure and consultation with the company’s members where necessary.

Integral Electrical 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