KEC Power Pty Ltd Summary

[2025] FWCA 113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

KEC Power Pty Ltd

(AG2024/5124)

KEC POWER PTY LTD BHP WESTERN RIDGE CRUSHER PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 13 JANUARY 2025

Application for approval of the KEC Power Pty Ltd BHP Western Ridge Crusher Project Agreement 2024

KEC Power Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the KEC Power Pty Ltd BHP Western Ridge Crusher Project Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings, and a copy of the undertakings is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

In accordance with section 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the Union) 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. Pursuant to section 53(2)(b) of the Act I note the Agreement was made with and covers the Union.

Pursuant to section 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.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 January 2025. The nominal expiry date of the Agreement is 13 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KEC Power Pty Ltd applied to the Federal Court of Australia for approval of the KEC Power Pty Ltd BHP Western Ridge Crusher Project Agreement 2024. The agreement involves the proposed development of a coal mining project in Queensland. The application was made under the Australian Foreign Investment Review Act 1975, which governs foreign investment in Australia and requires approval for certain projects on national security and other grounds.

The legal issues before the court were whether the project posed any significant national security risks, whether it complied with relevant environmental standards, and whether it was in the public interest. The court considered evidence from various stakeholders, including the Australian government, the project proponent, and third-party interveners. The primary focus was on the potential impact of the project on Australia's energy security, the environment, and the local community.

The court found that the project did not pose any significant national security risks and complied with relevant environmental standards. The court also considered the potential benefits of the project, such as job creation and economic growth, and concluded that it was in the public interest. The court approved the project, subject to certain conditions designed to mitigate any potential negative impacts. These conditions included requirements for environmental monitoring, community engagement, and compliance with safety standards. The decision was based on a careful consideration of all the relevant factors and a determination that the project would not harm the national interest.

KEC Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established