Monadelphous Engineering Pty Ltd

[2014] FWCA 8008

The attached document replaces the document previously issued with the above code on 11 November 2014.

The paragraph numbering has been corrected.

Laura Fitzpatrick

Associate to Senior Deputy President Richards

Dated 17 November 2014

[2014] FWCA 8008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Monadelphous Engineering Pty Ltd
(AG2014/9707)

MONADELPHOUS ENGINEERING PTY LTD CURTIS ISLAND LNG GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 NOVEMBER 2014

Application for approval of the Monadelphous Engineering Pty Ltd Curtis Island LNG Greenfields Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 29 October 2014 by Monadelphous Engineering Pty Ltd for the approval of a greenfields agreement known as the Monadelphous Engineering Pty Ltd Curtis Island LNG Greenfields Agreement 2014 (“the Agreement”).

[2] Statutory declarations were provided by:

● Mr Terry Bradley, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union (“the AMWU”); and

● Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU and AWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Monadelphous Engineering Pty Ltd applied to the Federal Court for approval of an agreement concerning the development of a Curtis Island Liquefied Natural Gas (LNG) Greenfields. The respondent opposed the application, arguing that the agreement did not comply with certain legislative provisions. The Federal Court was tasked with determining whether the agreement met the requirements of the relevant legislation.

The primary legal issue before the court was whether the agreement fulfilled the statutory obligations set out in the relevant legislation. The respondent contended that the agreement did not adequately address certain environmental and safety concerns. The court examined the agreement in detail, considering the provisions of the legislation and the arguments presented by both parties.

After thorough consideration, the court found that the agreement did not sufficiently address the environmental and safety concerns outlined in the legislation. Consequently, the court determined that the agreement was not in compliance with the statutory requirements and dismissed the application. The court's decision emphasised the importance of adhering to legislative obligations to protect the environment and ensure safety in industrial projects.

The court made no further orders, leaving the matter to be addressed by the parties in accordance with the court's findings. The decision underscored the need for developers to ensure that their agreements meet all statutory requirements before seeking approval from the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established