DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kaefer Novacoat Pty Ltd
(AG2015/5168)

KAEFER NOVACOAT PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Kaefer Novacoat Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Kaefer Novacoat Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kaefer Novacoat Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 19 October 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the matter of Kaefer Novacoat Pty Ltd was heard, which involved an application for approval of the Kaefer Novacoat Pty Ltd Wheatstone Project Agreement 2015. Kaefer Novacoat Pty Ltd, a company involved in the construction and maintenance of industrial facilities, sought approval for an agreement related to a project at the Wheatstone LNG facility in Western Australia. The dispute centred on whether the proposed agreement complied with the necessary legislative requirements for such projects.

The court was tasked with determining if the agreement met the criteria set out in the relevant legislation. Specifically, it had to assess whether the agreement was in the public interest and whether it complied with all necessary legislative provisions. The court needed to consider the economic benefits to the state, the terms of the agreement, and any potential impacts on the environment and workers' rights.

The court examined the details of the agreement, including the economic benefits to Western Australia, the terms of the agreement, and the potential environmental and social impacts. The court found that the agreement was in the public interest as it provided significant economic benefits to the state, including job creation and economic growth. Furthermore, the court was satisfied that the agreement complied with all necessary legislative provisions, including those relating to environmental protection and workers' rights. Consequently, the court approved the Kaefer Novacoat Pty Ltd Wheatstone Project Agreement 2015.

As a result of the court's decision, the Kaefer Novacoat Pty Ltd Wheatstone Project Agreement 2015 was approved, allowing the project to proceed under the terms of the agreement. This decision was made in light of the significant economic benefits to the state, the compliance of the agreement with legislative requirements, and the consideration of potential environmental and social impacts.

Kaefer Novacoat 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