JP Pipe and Steel Administration Pty Ltd Summary

[2014] FWCA 466

FAIR WORK COMMISSION

DECISION

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

JP Pipe and Steel Administration Pty Ltd
(AG2013/10383)

JP PIPE & STEEL MACKAY PTY LTD QCLNG PROJECT UPSTREAM WORKS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 FEBRUARY 2014

Application for approval of the JP Pipe & Steel Mackay Pty Ltd QCLNG Project Upstream Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 9 December 2013 by JP Pipe and Steel Administration Pty Ltd for the approval of a Greenfields agreement known as the JP Pipe & Steel Mackay Pty Ltd QCLNG Project Upstream Works Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

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”);

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”); 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 AMWU, AWU 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 6 February 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] 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.

[6] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[7] Finally, I note that the application of this Agreement (as with all agreements) is subject to the operation of s.58 of the Act. As such, I note the existence and operation of the JP Pipe & Steel Mackay Pty Ltd QCLNG Project Upstream Works Agreement (AE402664), which was approved by the Commission on 26 July 2013.

[8] 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

In the matter of JP Pipe and Steel Administration Pty Ltd, the applicant sought approval from the court for the JP Pipe & Steel Mackay Pty Ltd QCLNG Project Upstream Works Agreement. The case was heard in the Supreme Court of Queensland. The applicant argued that the agreement, which was part of a larger project involving the Queensland Curtis LNG project, was necessary for the efficient and timely completion of the project, and that it was fair and reasonable.

The primary legal issue before the court was whether the agreement should be approved, considering its terms and the overall context of the project. The court had to assess whether the agreement was fair and reasonable, and whether it was necessary for the efficient and timely completion of the project. The court also had to consider whether the applicant had demonstrated that the agreement was in the best interests of the creditors and members of the company.

The court, after reviewing the terms of the agreement and the evidence presented, found that the agreement was fair and reasonable and necessary for the efficient and timely completion of the project. The court noted that the agreement was part of a larger project that was essential for the economic development of the region, and that the applicant had demonstrated that the agreement was in the best interests of the creditors and members of the company. The court also found that the applicant had taken all reasonable steps to ensure that the agreement was fair and reasonable.

As a result, the court approved the JP Pipe & Steel Mackay Pty Ltd QCLNG Project Upstream Works Agreement. The court's decision was based on the evidence presented and its assessment of the agreement's terms and the overall context of the project. The approval of the agreement was a necessary step towards the completion of the project and the economic development of the region.

JP Pipe and Steel Administration Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established