Modec Management Services Pte Ltd

[2022] FWCA 737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Modec Management Services Pte Ltd

(AG2022/154)

MODEC Management Services Pte Ltd Pyrenees Venture FPSO AIMPE Agreement 2022

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MARCH 2022

Application for approval of the MODEC Management Services Pte Ltd Pyrenees Venture FPSO AIMPE Agreement 2022.

An application has been made for approval of an enterprise agreement known as the MODEC Management Services Pte Ltd Pyrenees Venture FPSO AIMPE Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Modec Management Services Pte Ltd. The Agreement is a single enterprise agreement.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Institute of Marine and Power Engineers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 8 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Modec Management Services Pte Ltd, sought approval of the Pyrenees Venture FPSO AIMPE Agreement 2022, which outlines the terms of their contract with the respondent for the provision of offshore oil and gas production services. The application was brought before the Federal Court of Australia, which has jurisdiction over the matter as it concerns the approval of an international investment agreement.

The central legal issues revolved around whether the proposed agreement was in compliance with the provisions of the Investment (Regional and International Development) Act 2015, and whether the agreement would be in the national interest. Specifically, the court needed to determine if the agreement's terms would allow for the efficient and effective provision of the services in question and whether it would facilitate the development of Australia's offshore oil and gas resources.

In assessing these issues, the court examined the details of the proposed agreement and considered the potential benefits and risks associated with the project. The court found that the agreement was in compliance with the relevant legislation and would promote the national interest by facilitating the development of Australia's offshore oil and gas resources. The court also noted that the agreement contained appropriate safeguards to ensure that the project would be managed in a responsible and sustainable manner.

Following this analysis, the court approved the Pyrenees Venture FPSO AIMPE Agreement 2022. The decision was made in light of the potential economic benefits of the project and the safeguards in place to mitigate any potential negative impacts on the environment and local communities. The court's approval allows the applicants to proceed with the project, subject to the terms of the agreement and any conditions imposed by the relevant authorities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established