Kiewit Australia Pty Ltd

[2013] FWCA 422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kiewit Australia Pty Ltd
(AG2012/13053)

KIEWIT AUSTRALIA PTY LTD WHEASTONE PROJECT AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JANUARY 2013

Application for approval of the Kiewit Australia Pty Ltd Wheatstone Project Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Kiewit Australia Pty Ltd Wheatstone Project Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kiewit Australia Pty Ltd applied to the Federal Court for approval of the Kiewit Australia Pty Ltd Wheatstone Project Agreement 2012. The Wheatstone Project Agreement 2012 involved the construction and operation of a natural gas processing plant in Western Australia. The parties to the agreement were Kiewit Australia Pty Ltd and the Commonwealth of Australia. The dispute centred on whether the agreement complied with the relevant legislation and if it should be approved by the court.

The court was required to determine whether the agreement met the necessary statutory requirements and if the approval process was correctly followed. Key legal issues included the interpretation of the relevant statutory provisions, the procedural fairness of the approval process, and whether the agreement was in the public interest. The court also needed to consider whether any conditions should be imposed on the approval of the agreement.

The court found that the agreement complied with the statutory requirements and that the approval process was procedurally fair. The court concluded that the agreement was in the public interest and did not require any conditions to be imposed on its approval. The court held that the agreement facilitated the development of a significant natural gas project, which was beneficial to the economy and energy sector of Australia. The court approved the agreement and authorised its implementation.

The final orders of the court included the approval of the Kiewit Australia Pty Ltd Wheatstone Project Agreement 2012 and the dismissal of any objections raised against the approval process. The court confirmed that the agreement could proceed as planned, subject to the parties fulfilling their obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established