DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Poole Resources Pty Ltd
(AG2015/6034)

POOLE RESOURCES PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Poole Resources Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Poole Resources Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made by Poole Resources 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] 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.

[4] 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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Poole Resources Pty Ltd, seeking approval for the Wheatstone Project Agreement 2015. The case was heard in the Federal Court of Australia, where the primary legal issue was whether the Wheatstone Project Agreement 2015 complied with the provisions of the Petroleum (Submerged Lands) Act 1967. This act mandates that certain agreements related to petroleum exploration and production must be approved by the court before they can be implemented.

The court had to determine if the agreement contained all the necessary elements required by the act, such as the terms for environmental protection, the obligations of the parties involved, and the financial assurances provided. It was also essential to consider whether the agreement adequately addressed the potential impacts of the project on the marine environment and local communities. The court examined the documentation and submissions from both parties to ensure that the agreement met the statutory requirements and would not lead to detrimental environmental outcomes.

In its judgment, the court found that the Wheatstone Project Agreement 2015 was in compliance with the statutory requirements under the Petroleum (Submerged Lands) Act 1967. The agreement was deemed to contain all the necessary provisions for environmental protection, obligations of the parties, and financial assurances. The court concluded that the project would be managed responsibly and that the potential environmental impacts had been adequately mitigated. Consequently, the court approved the Wheatstone Project Agreement 2015, allowing Poole Resources Pty Ltd to proceed with the project as outlined in the agreement.

Poole Resources 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