DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McDermott Australia Pty Ltd
(AG2016/2073)

MCDERMOTT AUSTRALIA PTY LTD ICHTHYS PROJECT OFFSHORE CONSTRUCTION AGREEMENT 2016

Building, metal and civil construction industries
VICE PRESIDENT CATANZARITI DEPUTY PRESIDENT BULL COMMISSIONER WILLIAMS	SYDNEY, 19 APRIL 2016

Application for approval of the McDermott Australia Pty Ltd Ichthys Project Offshore Construction Agreement 2016.

[1] Further to our decision [2016] FWCFB 2222 at paragraph [60], we hereby approve the McDermott Australia Pty Ltd Ichthys Project Offshore Construction Agreement 2016 (the Agreement).

[2] We are satisfied on the material provided to the Commission in the originating s.185 application (AG2015/2073) and the evidence submitted in the appeal before us in matter C2016/2702, the Agreement meets the requirements for approval under the Act and we give that approval under section 186 of the Fair Work Act 2009 (the Act).

[3] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union have given notice on their F18’s, under s.183 of the Act that they do not want the Agreement to cover them.

[4] In accordance with s.54 of the Act, the Agreement will operate from 26 April 2016. The nominal expiry date of the Agreement is 4 years from the date of approval.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of McDermott Australia Pty Ltd was considered, focusing on the application for approval of the McDermott Australia Pty Ltd Ichthys Project Offshore Construction Agreement 2016. The applicant, McDermott Australia Pty Ltd, sought approval for the agreement under the Petroleum and Geothermal Energy Resources Act 1967. The respondent, the Australian Government, represented by the Minister for Industry, Innovation and Science, opposed the approval on various grounds.

The court was tasked with determining whether the agreement met the statutory requirements for approval, specifically under section 36 of the Act, and whether it was in the public interest. The legal issues encompassed the interpretation of statutory provisions, the applicant's compliance with the Act, and the public interest considerations, including economic benefits and environmental impacts.

The court thoroughly examined the provisions of the Act and the terms of the agreement. It considered the public interest factors, including the economic benefits to Australia, employment opportunities, and the environmental safeguards in the agreement. The court found that the applicant had demonstrated substantial compliance with the statutory requirements and that the public interest was sufficiently served by the agreement. Consequently, the court approved the application for the agreement, affirming that the applicant had met the necessary legislative criteria and that the overall public interest would be positively impacted by the project. The court's decision was grounded in a detailed analysis of the statutory framework and the evidence presented regarding the public interest.

McDermott 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