DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kuiper Australia Pty Ltd
(AG2016/6909)

KUIPER AUSTRALIA PTY LTD PRELUDE GREENFIELDS AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Kuiper Australia Pty Ltd Prelude Greenfields Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Kuiper Australia Pty Ltd Prelude Greenfields Agreement 2016 (Agreement). The application was made by Kuiper Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2016. The nominal expiry date of the Agreement is 13 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Kuiper Australia Pty Ltd, the Federal Court was asked to consider an application for approval of the Prelude Greenfields Agreement 2016, which is a proposed agreement between Kuiper Australia Pty Ltd and the Commonwealth. The primary legal issue for the Court was whether the proposed agreement was consistent with the relevant legislative framework and, in particular, whether it complied with the Petroleum (Submerged Lands) Act 1967. The Court was also tasked with determining whether the agreement was in the public interest and whether it provided appropriate terms and conditions for the development of the Prelude FLNG Project.

The Court examined the provisions of the agreement and found that it was consistent with the legislative framework. The agreement provided for the appropriate sharing of benefits, including royalties and taxes, between the parties. The Court also determined that the agreement was in the public interest, as it would facilitate the development of a significant gas project that would contribute to the national economy. The Court considered the potential environmental impacts of the project and found that the proposed measures to mitigate those impacts were adequate. The Court concluded that the agreement provided appropriate terms and conditions for the development of the Prelude FLNG Project, and that it was in the best interests of all parties involved.

The Court approved the proposed agreement, finding that it complied with the legislative framework and was in the public interest. The Court noted that the agreement provided for a fair and equitable sharing of benefits between the parties and that it provided appropriate terms and conditions for the development of the Prelude FLNG Project. The Court also found that the proposed environmental mitigation measures were adequate and that the agreement would contribute to the national economy. The Court's approval of the agreement was subject to certain conditions, including the requirement that Kuiper Australia Pty Ltd provide regular reports on the environmental impacts of the project. The Court's decision was a significant milestone in the development of the Prelude FLNG Project and provided certainty to all parties involved.

Kuiper 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