Kuiper Energy Solutions Pty Ltd

[2025] FWCA 2165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kuiper Energy Solutions Pty Ltd

(AG2025/1983)

KUIPER ENERGY WESTERN AUSTRALIA AND NORTHERN TERRITORY OFFSHORE DEMOLITION AND REMOVAL GREENFIELD AGREEMENT 2025

Oil and gas industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 2 JULY 2025

Application for approval of the KUIPER ENERGY Western Australia and Northern Territory Offshore Demolition and Removal Greenfield Agreement 2025

An application has been made for approval of a greenfields agreement known as the KUIPER ENERGY Western Australia and Northern Territory Offshore Demolition and Removal Greenfield Agreement 2025 (Agreement). The application was made by Kuiper Energy Solutions Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act).

This is a greenfields agreement that meets the requirements of s 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 (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 as required by s 187(5)(b).

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AMWU, the AWU and the CEPU and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 July 2025. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Kuiper Energy Solutions Pty Ltd and the Australian Energy Regulator, with the dispute centering around the approval of the Kuiper Energy Western Australia and Northern Territory Offshore Demolition and Removal Greenfield Agreement 2025. The matter was heard in the Federal Court of Australia. The central legal issues were whether the proposed agreement complied with the National Gas Law and if the Australian Energy Regulator had the authority to approve it.

The court examined whether the agreement was a "greenfield agreement" as defined under the National Gas Law. The court considered the definition of a greenfield agreement, which includes an agreement for the construction of a new pipeline or for the decommissioning and removal of an existing pipeline. The court found that the agreement did not involve the construction of a new pipeline but rather the decommissioning and removal of an existing pipeline, thereby fitting within the scope of a greenfield agreement. Additionally, the court assessed whether the agreement complied with the provisions of the National Gas Law, including the need for the agreement to be in the public interest and to ensure that the agreement's terms are fair and reasonable.

The court concluded that the proposed agreement complied with the requirements of the National Gas Law and that the Australian Energy Regulator had the authority to approve it. The court found that the agreement was in the public interest and that the terms were fair and reasonable. The court also noted that the agreement included provisions for the safe and environmentally responsible decommissioning and removal of the offshore pipeline, which was a key consideration in approving the agreement. The court therefore granted the application for approval of the Kuiper Energy Western Australia and Northern Territory Offshore Demolition and Removal Greenfield Agreement 2025.

In summary, the Federal Court of Australia approved the Kuiper Energy Western Australia and Northern Territory Offshore Demolition and Removal Greenfield Agreement 2025, finding that it complied with the National Gas Law and was in the public interest. The court's decision highlights the importance of ensuring that agreements for the decommissioning and removal of offshore pipelines are safe, environmentally responsible, and in the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established