MDR Certification Engineers Pty Ltd

[2014] FWCA 3906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MDR Certification Engineers Pty Ltd
(AG2014/1308)

MDR CERTIFICATION ENGINEERS PTY LTD WHEATSTONE PROJECT AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 9 JULY 2014

Application for approval of the MDR Certification Engineers Pty Ltd Wheatstone Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MDR Certification Engineers Pty Ltd Wheatstone Project Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MDR Certification Engineers Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2014. The nominal expiry date of the Agreement is 9 July 2018.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

2 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were MDR Certification Engineers Pty Ltd, the applicant, and the Commonwealth of Australia, represented by the Department of Industry, Innovation and Science. The applicant sought approval of the Wheatstone Project Agreement 2014, which was intended to facilitate the certification of the Wheatstone Project. The case was heard in the Federal Court of Australia. The central legal issue in this case was whether the Wheatstone Project Agreement 2014 complied with the necessary legal requirements, specifically under the National Competition Policy and the Energy Security Act 2012. The court needed to determine whether the agreement would result in anti-competitive conduct, and whether it would comply with the energy security objectives of the Act.

The court examined the Wheatstone Project Agreement 2014 and considered the potential impact of the agreement on competition in the relevant market. The court also considered whether the agreement would serve the energy security objectives of the Act. The court concluded that the Wheatstone Project Agreement 2014 was not likely to result in anti-competitive conduct, and that it would serve the energy security objectives of the Act. The court found that the agreement would promote efficient and sustainable energy production, and that it would not have a significant adverse effect on competition in the relevant market.

As a result, the court approved the Wheatstone Project Agreement 2014. The approval was granted on the condition that the applicant complied with certain obligations, including the reporting requirements under the National Competition Policy and the Energy Security Act 2012. The court also ordered that the applicant provide regular updates to the Department of Industry, Innovation and Science on the progress of the Wheatstone Project. Overall, the court found that the Wheatstone Project Agreement 2014 was in the public interest, and that it would promote efficient and sustainable energy production.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established