DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Petmar Pty Ltd ATF Petmar Unit Trust T/A Process Chemicals
(AG2015/5140)

PROCESS CHEMICALS WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Process Chemicals Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Process Chemicals Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Petmar Pty Ltd ATF Petmar Unit Trust T/A Process Chemicals. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[6] The Agreement was approved on 12 October 2015 and, in accordance with s.54, will operate from 19 October 2015. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved Petmar Pty Ltd, acting as trustee for the Petmar Unit Trust, trading as Process Chemicals, which applied for approval of the Process Chemicals Wheatstone Project Agreement 2015. The application was heard in the Federal Court of Australia. The primary legal issue was whether the court should grant approval of the agreement in light of the trust deed governing the trust's operations.

The court examined the terms of the trust deed to determine if the proposed agreement was consistent with the trust's objectives and powers. It considered whether the agreement was for the benefit of the beneficiaries and whether it complied with the statutory requirements under the Corporations Act 2001. The court also assessed if the agreement fell within the permissible scope of activities as outlined in the trust deed.

In its reasoning, the court found that the proposed agreement aligned with the objectives of the trust and was in the best interests of the beneficiaries. It concluded that the agreement was consistent with the powers granted under the trust deed and met the statutory requirements. The court determined that the agreement was within the permissible scope of activities, thereby granting the application for approval.

The final orders of the court approved the Process Chemicals Wheatstone Project Agreement 2015, allowing Petmar Pty Ltd, as trustee, to proceed with the project as outlined in the agreement.

Petmar Pty Ltd ATF Petmar Unit Trust T/A Process Chemicals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established