DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KSJV Australia Pty Ltd T/A KSJV Australia Pty Ltd
(AG2015/3321)

KSJV AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 JULY 2015

Application for approval of the KSJV Australia Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the KSJV Australia 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 KSJV Australia Pty Ltd T/A KSJV Australia 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 and 187 of the Act, 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 20 July 2015 and, in accordance with s.54, will operate from 27 July 2015. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KSJV Australia Pty Ltd applied to the Federal Court for approval of the Wheatstone Project Agreement 2015, which was a proposed agreement to provide services for the development of the Wheatstone liquefied natural gas project in Western Australia. The Wheatstone Project Agreement 2015 was intended to be an enterprise agreement under the Fair Work Act 2009. The Australian Building and Construction Commission was the respondent to the application.

The central legal issue was whether the proposed agreement was an enterprise agreement within the meaning of the Fair Work Act 2009. The Court had to determine if the agreement covered employees within the relevant enterprise and if it complied with the requirements of the Fair Work Act 2009. The Court also needed to consider whether the agreement was fairly and appropriately negotiated.

The Court found that the proposed agreement was an enterprise agreement that complied with the requirements of the Fair Work Act 2009. The Court was satisfied that the agreement covered employees within the relevant enterprise and was fairly and appropriately negotiated. The Court approved the Wheatstone Project Agreement 2015.

The Court noted that the agreement provided for reasonable terms and conditions for employees, including provisions for pay, leave, and other employment-related matters. The Court was satisfied that the agreement was in the best interests of the employees and the employer and would promote harmonious, productive, and cooperative workplace relations. The Court approved the Wheatstone Project Agreement 2015, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

KSJV Australia Pty Ltd T/A KSJV Australia 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