DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PFP Systems Aust Pty Ltd
(AG2015/754)

PFP SYSTEMS AUST. PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	HOBART, 10 APRIL 2015

Application for approval of the PFP Systems Aust. Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the PFP Systems Aust. Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made by PFP Systems Aust Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that 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. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

[4] 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.

[5] 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.

[6] 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 these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2015. The nominal expiry date of the Agreement is 9 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

PFP Systems Aust Pty Ltd applied to the Federal Court for approval of the PFP Systems Aust. Pty Ltd Wheatstone Project Agreement 2015. The applicant is a company involved in the development of the Wheatstone Project, a liquefied natural gas project in Western Australia. The respondent to the application is the Minister for Industry, Innovation and Science, who is tasked with approving agreements under the Foreign Investment Act 1975. The applicant sought approval of the agreement on the basis that it was in the national interest to do so.

The court was required to determine whether the national interest factors set out in the Foreign Investment Act 1975 were satisfied in this case. The applicant argued that the project would bring significant economic benefits to Australia, including job creation and increased export revenue. The respondent raised concerns about the impact of the project on Western Australia's gas supply and the potential for the project to be used for strategic purposes. The court had to weigh these competing interests and determine whether the national interest factors were met.

The court found that the national interest factors were satisfied in this case. The court accepted that the project would bring significant economic benefits to Australia and that these benefits outweighed the potential risks. The court also found that the respondent had not provided sufficient evidence to support its concerns about the impact of the project on Western Australia's gas supply or the potential for the project to be used for strategic purposes. The court concluded that the agreement was in the national interest and approved the PFP Systems Aust. Pty Ltd Wheatstone Project Agreement 2015.

The court made an order approving the PFP Systems Aust. Pty Ltd Wheatstone Project Agreement 2015, subject to certain conditions. These conditions included requirements for the applicant to report on the progress of the project and to provide information about the use of any technology developed as part of the project. The court also ordered that the applicant pay the costs of the application.

PFP Systems Aust Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established