Kuiper Australia Pty Ltd

[2014] FWCA 100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kuiper Australia Pty Ltd
(AG2013/10155)

KUIPER AUSTRALIA - WESTERN AUSTRALIA AND NORTHERN TERRITORY OFFSHORE CONSTRUCTION PROJECTS AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

Application for approval of the Kuiper Australia - Western Australia and Northern Territory Offshore Construction Projects Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kuiper Australia - Western Australia and Northern Territory Offshore Construction Projects Agreement 2013 - 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kuiper Australia Pty Ltd. 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] I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) the employee organisations to be covered by the agreement, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 14 January 2014. The nominal expiry date of the Agreement 19 August 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kuiper Australia Pty Ltd applied for approval of the Kuiper Australia - Western Australia and Northern Territory Offshore Construction Projects Agreement 2013 - 2015 under section 60 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth). The application was opposed by the Clean Energy Regulator. The Federal Court was required to decide whether the project met the requirements for approval, including whether it was consistent with Australia's international obligations.

The court examined the requirements for approval under the Act, including the consistency with international obligations. It considered the Clean Energy Regulator's submissions that the project did not meet these requirements. The court found that the project was consistent with Australia's international obligations and approved the project. The Clean Energy Regulator's appeal to the Full Court was subsequently dismissed.

The court found that the Clean Energy Regulator had not demonstrated that the project was inconsistent with Australia's international obligations. The court noted that the project met all the requirements for approval under the Act, including the consistency with international obligations. The court approved the project and dismissed the appeal. The court's decision confirms the importance of considering international obligations in the approval of offshore petroleum projects in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established