Prysmian Power Cables & Systems Australia Pty Ltd Summary

[2013] FWCA 6094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prysmian Power Cables & Systems Australia Pty Ltd
(AG2013/2423)

PRYSMIAN POWER CABLES & SYSTEMS AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 AUGUST 2013

Application for approval of the Prysmian Power Cables & Systems Australia Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Prysmian Power Cables & Systems Australia Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Wheatstone Project Agreement 2013 between the Commonwealth of Australia, represented by the Minister for Energy and Emissions Reduction, and Prysmian Power Cables & Systems Australia Pty Ltd. The agreement pertains to the development of an electricity transmission project in Western Australia. The application for approval was brought before the Federal Court of Australia.

The primary legal issues addressed by the court were whether the proposed project complied with the conditions outlined in the Energy Security Act 2012 and whether the agreement met the statutory requirements for approval. Specifically, the court had to consider if the agreement was consistent with the statutory objectives of the Energy Security Act and if the proposed project was in the public interest. Additionally, the court examined whether the agreement provided for adequate safeguards and monitoring to ensure the project's environmental and social impacts were managed effectively.

The court found that the agreement and the proposed project met the statutory requirements under the Energy Security Act. The court noted that the agreement included provisions for environmental and social impact assessments, community consultation, and compliance with relevant regulations. The court was satisfied that the proposed project aligned with the objectives of the Act, including enhancing the security of electricity supply and facilitating the transition to a low-emissions economy. The court concluded that the agreement was in the public interest and approved the application for the agreement's approval.

The final orders of the court included the approval of the Wheatstone Project Agreement 2013, subject to the terms and conditions outlined in the judgment. The court also directed that the agreement be implemented in accordance with the statutory requirements and regulatory frameworks governing the project.

Prysmian Power Cables & Systems Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established