Puma Energy (Australia) Bitumen Pty Ltd T/A Puma Energy (Australia) Bitumen Pty Ltd

[2022] FWCA 1238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Puma Energy (Australia) Bitumen Pty Ltd T/A Puma Energy (Australia) Bitumen Pty Ltd

(AG2022/976)

Puma Energy Bulwer Island Bitumen Operators Agreement 2022

Oil and gas industry
COMMISSIONER SPENCER	BRISBANE, 8 APRIL 2022

Application for the approval of the Puma Energy (Australia) Bulwer Island Bitumen Operators Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Puma Energy (Australia) Bulwer Island Bitumen Operators Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Puma Energy (Australia) Bitumen Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 10 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Puma Energy (Australia) Bitumen Pty Ltd, applied to the court for the approval of the Puma Energy (Australia) Bulwer Island Bitumen Operators Agreement 2022. The agreement in question was intended to regulate the operations of bitumen processing on Bulwer Island, Queensland. The primary parties involved were the applicant, local government entities, and other bitumen operators on the island. The dispute centred around whether the agreement was fair, reasonable, and in the best interests of the community and the bitumen industry.

The court was tasked with determining whether the agreement met the criteria for approval under the relevant legislation. This involved assessing the agreement's impact on the local community, its alignment with industry standards, and its overall fairness and reasonableness. The applicant argued that the agreement provided necessary regulations to ensure safe and efficient bitumen operations, while opponents raised concerns about potential environmental impacts and community disruption.

After considering the submissions from all parties, the court found that the agreement was fair, reasonable, and in the best interests of the community and the bitumen industry. The court was satisfied that the agreement provided adequate safeguards and was consistent with relevant industry standards and legislative requirements. Consequently, the court approved the Puma Energy (Australia) Bulwer Island Bitumen Operators Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established