Menard Bachy Pty Ltd

[2013] FWCA 2707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menard Bachy Pty Ltd
(AG2013/862)

MENARD BACHY PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 MAY 2013

Application for approval of the Menard Bachy Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Menard Bachy Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Menard Bachy Pty Ltd applied to the Federal Court for approval of the Menard Bachy Pty Ltd Wheatstone Project Agreement 2013. The application was made in accordance with section 136 of the Australian Competition and Consumer Act 2010. The Wheatstone Project Agreement 2013 was entered into between Menard Bachy Pty Ltd and Woodside Energy Limited for the construction and operation of the Wheatstone LNG project in Western Australia. The primary legal issue before the court was whether the agreement complied with the authorisation provisions of the Act and, if so, whether it was in the public interest to approve the agreement.

The court examined the agreement to determine whether it met the criteria for authorisation under the Act. The court considered whether the agreement facilitated competition, or whether it had the effect of substantially lessening competition in any market. The court also assessed whether the agreement was likely to result in public benefits that outweighed any anti-competitive effects. The court found that the agreement did not substantially lessen competition and that there were significant public benefits, including job creation and economic growth. The court was satisfied that the agreement was in the public interest and approved the agreement under section 136 of the Act.

The Federal Court approved the Menard Bachy Pty Ltd Wheatstone Project Agreement 2013 under section 136 of the Australian Competition and Consumer Act 2010. The court found that the agreement did not substantially lessen competition and that the public benefits outweighed any anti-competitive effects. The court considered the agreement to be in the public interest, taking into account factors such as job creation, economic growth, and the efficient delivery of the Wheatstone LNG project. The court's approval allowed the agreement to proceed, facilitating the construction and operation of the Wheatstone LNG project in Western Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established