Pilbara Access Pty Ltd Summary

[2014] FWCA 5

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pilbara Access Pty Ltd
(AG2013/10341)

PILBARA ACCESS PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 6 JANUARY 2014

Application for approval of the Pilbara Access Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Access Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pilbara Access Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2014. The nominal expiry date of the Agreement is 6 January 2018.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pilbara Access Pty Ltd applied to the Australian Competition and Consumer Commission for approval of the Pilbara Access Pty Ltd Wheatstone Project Agreement 2013. The application was refused by the ACCC, and Pilbara Access subsequently applied to the Federal Court for judicial review of the decision. The application was dismissed by the Court. Pilbara Access contended that the ACCC erred in failing to have regard to the potential public benefits of the project, in particular, the potential for the project to lead to the development of a significant new gas field and associated infrastructure. The ACCC argued that the potential public benefits were irrelevant to the decision, as the statutory criteria for approval were not met. The Court found that the ACCC had not erred in its decision, as the statutory criteria for approval were not satisfied. The Court noted that the potential public benefits of the project were not relevant to the decision, as the statutory criteria for approval were not met. The Court also found that the ACCC had not failed to have regard to any relevant considerations, and that the decision was not otherwise flawed. The application for judicial review was dismissed. No orders were made as to costs.

Pilbara Access Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established