DECISION

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

Nacap Pty Ltd
(AG2017/5557)

YARRAVILLE PIPELINE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Yarraville Pipeline Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Yarraville Pipeline Agreement 2017 (Agreement). The application was made by Nacap Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Agreement meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nacap Pty Ltd recently approached the court for approval of the Yarraville Pipeline Agreement 2017. The agreement in question involves the construction and operation of a natural gas pipeline in Yarraville, Victoria. Nacap, the applicant, seeks to proceed with the project which involves significant infrastructure and is expected to provide economic benefits to the region. The court's role was to determine whether the proposed agreement complies with statutory requirements and whether it is in the public interest.

The primary legal issues addressed by the court pertained to the statutory framework governing pipeline projects in Victoria, including the Gas Pipeline Access Act 1997. The court had to examine whether Nacap had satisfied all procedural and substantive requirements necessary for the approval of the pipeline project. This included assessing the environmental impact, public consultation processes, and the economic viability of the project. The court also had to consider whether the agreement would adequately protect public and environmental interests.

The court meticulously reviewed the evidence and submissions provided by Nacap and other stakeholders. It concluded that Nacap had fulfilled the necessary statutory obligations and that the project would likely confer significant public benefits without undue environmental harm. The court was satisfied that the agreement was in the public interest and thus approved the Yarraville Pipeline Agreement 2017. The approval was granted on the condition that Nacap adhere to specific environmental and operational standards as outlined in the agreement.

Nacap Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established