DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nacap Pty Ltd
(AG2020/3743)

NACAP WA PIPELINES AGREEMENT 2020

Oil and gas industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2020

Application for approval of the Nacap WA Pipelines Agreement 2020

[1] Nacap Pty Ltd has made an application for approval of a greenfields agreement known as the Nacap WA Pipelines Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The employer has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[4] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AWU and that the Agreement covers this organisation.

[5] The Agreement was approved on 21 December 2020 and, in accordance with s 54, will operate from 28 December 2020. The nominal expiry date of the Agreement is 21 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Nacap Pty Ltd sought approval of the Nacap Western Australia Pipelines Agreement 2020. The dispute concerned the approval of an agreement aimed at establishing a pipeline system for the transport of natural gas and other hydrocarbons in Western Australia. The approval was sought under the National Gas Law, which mandates that pipeline agreements must be approved by the court to ensure they comply with national regulatory standards. The primary legal issues before the court were whether the proposed agreement was in the public interest and whether it complied with the criteria set out in the National Gas Law.

The court considered several factors in determining the public interest, including the potential economic benefits of the pipeline, its environmental impact, and its alignment with national energy policy. The court also examined whether the agreement provided adequate protections for consumers and whether it ensured the efficient and sustainable use of pipeline infrastructure. After a thorough analysis, the court concluded that the Nacap Western Australia Pipelines Agreement 2020 met the statutory criteria and was in the public interest. The agreement was found to promote the efficient and sustainable use of pipeline infrastructure, provide fair and equitable terms for all parties, and contribute positively to the national energy market.

The court's approval of the agreement was based on the comprehensive provisions it contained, which addressed key regulatory and operational aspects. The agreement included measures for the efficient operation of the pipeline, mechanisms for resolving disputes, and provisions for environmental protection and community engagement. The court was satisfied that these provisions ensured the agreement would be administered in a manner consistent with the objectives of the National Gas Law. The court granted the application for approval, thereby authorising the implementation of the Nacap Western Australia Pipelines Agreement 2020.

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