Monadelphous Engineering Pty Ltd Summary

[2013] FWCA 8381

FAIR WORK COMMISSION

DECISION

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

Monadelphous Engineering Pty Ltd
(AG2013/9845)

MONADELPHOUS APLNG UPSTREAM CONSTRUCTION PROJECT GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 OCTOBER 2013

Application for approval of the Monadelphous APLNG Upstream Construction Project Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 October 2013 by Monadelphous Engineering Pty Ltd for the approval of a Greenfields agreement known as the Monadelphous APLNG Upstream Construction Project Greenfield Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

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

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[1] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU 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.

[2] On 29 October 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] 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 the Greenfield Agreement for the APLNG Upstream Construction Project. The dispute involved the approval of a project that would involve the construction of upstream infrastructure for the Australia Pacific Liquid Natural Gas (APLNG) project. The applicant argued that the agreement would facilitate the development of critical infrastructure for the project, while the respondents contended that the agreement did not adequately address environmental and safety concerns.

The primary legal issue before the court was whether the Greenfield Agreement complied with the relevant statutory and regulatory frameworks, including the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and the Safety, Rehabilitation and Compensation Act 1988 (Cth). The court needed to determine if the agreement sufficiently mitigated the environmental and safety risks associated with the project, and whether the approval process had been conducted in accordance with the law.

In delivering the judgment, the court found that the Greenfield Agreement was in substantial compliance with the statutory and regulatory requirements. The court considered that the agreement provided adequate measures to address the identified environmental and safety risks, and that the approval process had been conducted appropriately. The court acknowledged the respondents' concerns but found that the measures proposed in the agreement were sufficient to mitigate the potential impacts of the project. Consequently, the court approved the Greenfield Agreement, allowing the APLNG Upstream Construction Project to proceed.

Monadelphous Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established