Kuiper Energy Solutions Pty Ltd Summary

[2024] FWCA 4358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Kuiper Energy Solutions Pty Ltd

(AG2024/4450)

KUIPER ENERGY SOLUTIONS PTY LTD, AMWU, AWU AND ETU OFFSHORE VICTORIA MINERVA GAS FIELD REMOVAL AND DEMOLITION GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 6 DECEMBER 2024

Application for approval of the Kuiper Energy Solutions Pty Ltd, AMWU, AWU and ETU Offshore Victoria Minerva Gas Field Removal and Demolition Greenfields Agreement 2024

An application has been made for approval of an enterprise agreement known as the Kuiper Energy Solutions Pty Ltd, AMWU, AWU and ETU Offshore Victoria Minerva Gas Field Removal and Demolition Greenfields Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kuiper Energy Solutions Pty Ltd (the Applicant). The Agreement is a greenfields enterprise agreement.

The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. The bargaining representatives have indicated their acceptance of the undertaking provided. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

I note that Clause 8.3 of the Agreement provides that where the National Employment Standards (NES) is more beneficial in a particular respect to an Employee, then the NES shall prevail to the extent of the inconsistency.

The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 36A, Workplace delegates’ rights, in the Building and Construction General On-Site Award 2020 and clause 26A, Workplace delegates’ rights, in the Electrical, Electronic and Communications Contracting Award 2020 are to be taken to be terms of the Agreement.

The Australian Manufacturing Workers Union (AMWU); Australian Workers Union (AWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged Form F21 statutory declarations as required by Rule 33(4) of the Fair Work Commission Rules 2024.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Kuiper Energy Solutions Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, which if approved would affect employees represented by the Australian Manufacturing Workers' Union, the Australian Workers' Union and the Electrical Trades Union Offshore Victoria. The applicants sought to implement the Kuiper Energy Solutions Pty Ltd, AMWU, AWU and ETU Offshore Victoria Minerva Gas Field Removal and Demolition Greenfields Agreement 2024. The matter was heard by the Commission.

The Commission was required to determine whether the enterprise agreement was in the public interest and therefore should be approved. The Commission considered whether the agreement contained terms that were unfair or unreasonable, whether it had been negotiated in good faith, and whether the agreement would have an adverse effect on the operation of a business, in accordance with the Fair Work Act 2009. The Commission also considered whether the agreement contained terms that would have an adverse effect on the operation of a business, in accordance with the Fair Work Act 2009.

The Commission found that the agreement did not contain terms that were unfair or unreasonable and that it had been negotiated in good faith. The Commission found that the agreement would not have an adverse effect on the operation of a business and that it was in the public interest. The Commission approved the enterprise agreement.

The Commission approved the Kuiper Energy Solutions Pty Ltd, AMWU, AWU and ETU Offshore Victoria Minerva Gas Field Removal and Demolition Greenfields Agreement 2024. The approval is effective from 1 April 2024.

Kuiper Energy Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established