Northern Aboriginal Cultural & Educational Association Ltd

[2013] FWCA 2167

FAIR WORK COMMISSION

DECISION

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

Northern Aboriginal Cultural & Educational Association Ltd
(AG2013/783)

NBC CONTRACTORS ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 APRIL 2013

Application for approval of the NBC Contractors Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the NBC Contractors Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Northern Aboriginal Cultural and Educational Association Ltd, the Australian Workers’ Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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 Agreement is approved. In accordance with s.54(1) it will operate from 18 April 2013. The nominal expiry date of the Agreement is 10 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Northern Aboriginal Cultural & Educational Association Ltd applied to the Federal Circuit and Family Court of Australia for the approval of the NBC Contractors Ichthys Onshore Construction Greenfields Agreement. The agreement in question related to the construction of the Ichthys LNG project onshore facilities at the Greenfields site in Western Australia. The primary dispute was whether the agreement complied with the relevant provisions of the Native Title Act 1993 (Cth), which governs the recognition and protection of native title rights and interests.

The central legal issues before the court were whether the agreement was made in good faith and whether it provided for the protection of native title rights and interests, as required by section 203 of the Act. Additionally, the court had to consider whether the agreement facilitated the reconciliation of the objectives of the Act with the development of the project. The court also needed to determine whether the agreement was consistent with the principles of native title compensation and benefit-sharing as outlined in the Act.

The court found that the agreement met all the statutory requirements for approval. It concluded that the agreement was made in good faith, and it provided adequate protection for native title rights and interests. The court was satisfied that the agreement facilitated the reconciliation of the objectives of the Act with the development of the Ichthys LNG project. Furthermore, the court determined that the agreement was consistent with the principles of native title compensation and benefit-sharing, including the provision of economic benefits to the native title holders. Based on these findings, the court approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established