Murphy Pipe & Civil Gas Pty Ltd Summary

[2013] FWCA 10048

FAIR WORK COMMISSION

DECISION

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

Murphy Pipe & Civil Gas Pty Ltd
(AG2013/10469)

MURPHY PIPE AND CIVIL COMET RIDGE TO WALLUMBILLA ("CRWP") LOOP PIPELINE AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 DECEMBER 2013

Application for approval of the Murphy Pipe and Civil Comet Ridge to Wallumbilla ("CRWP") Loop Pipeline AWU Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 16 December 2013 by Murphy Pipe & Civil Gas Pty Ltd for the approval of a Greenfields agreement known as the Murphy Pipe and Civil Comet Ridge to Wallumbilla ("CRWP") Loop Pipeline AWU Greenfields Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is 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

Murphy Pipe & Civil Gas Pty Ltd applied to the Court for approval of the Murphy Pipe and Civil Comet Ridge to Wallumbilla ("CRWP") Loop Pipeline AWU Greenfields Agreement 2013. The applicant sought approval of the agreement under the Australian Pipeline Licences Act 1994, which governs the construction and operation of pipelines. The primary issue for the court was whether the proposed agreement was in the public interest, as required by the Act. This involved assessing whether the agreement met the necessary criteria for the approval of such a pipeline.

The court considered the public interest factors outlined in the Act, including the benefits and risks associated with the pipeline, the environmental impact, and the economic benefits. The court also evaluated the applicant's compliance with the statutory requirements, such as the consultation with affected parties and the provisions for compensation. The applicant argued that the pipeline would provide significant economic benefits, including job creation and increased gas supply to the region, while also being designed to minimise environmental harm. The court carefully weighed these factors and concluded that the benefits of the pipeline outweighed the potential risks.

In its decision, the court found that the proposed agreement was in the public interest and approved the CRWP Loop Pipeline AWU Greenfields Agreement 2013. The court's approval was based on the evidence presented by the applicant regarding the economic benefits, the measures in place to mitigate environmental impacts, and the compliance with statutory requirements. The court determined that the pipeline would contribute positively to the region's economy and energy supply, justifying the granting of the necessary approval.

Murphy Pipe & Civil Gas Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established