[2016] FWCA 5985

The attached document replaces the document previously issued with the above code on 23 August 2016.

Removing “OIL REFINING AND MANUFACTURING AWARD 2010

And replacing it with “BULWER ISLAND BITUMEN OPERATORS AGREEMENT 2016”

And the Coding MA000072 is replaced with AE411120

Jenny Hannay

Associate to COMMISSIONER SIMPSON

Dated 25 September 2016

[2016] FWCA 5985

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
(AG2016/3840)

BULWER ISLAND BITUMEN OPERATORS AGREEMENT 2016

Oil and gas industry
COMMISSIONER SIMPSON	BRISBANE, 23 AUGUST 2016

Application for approval of the Bulwer Island Bitumen Operators Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bulwer Island Bitumen Operators Agreement 2016 (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 agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Puma Energy (Australia) Bitumen Pty Ltd sought approval from the Court for the Bulwer Island Bitumen Operators Agreement 2016, which aimed to establish a framework for the operation of bitumen facilities on Bulwer Island. The application was made under the Petroleum and Geothermal Energy Resources Act 1967 (Qld). The legal issues revolved around whether the agreement complied with the statutory requirements and whether it was in the public interest to approve the agreement.

The court examined the agreement's provisions to ensure they met the necessary criteria, including the protection of the environment, safety, and the efficient use of resources. The court also considered the public interest, including the potential economic benefits and any potential detriments to the community or the environment. After thorough consideration, the court found that the agreement complied with the statutory requirements and was in the public interest. The court noted the agreement's emphasis on environmental protection, safety, and efficient resource use, as well as the potential economic benefits to the region.

The court approved the Bulwer Island Bitumen Operators Agreement 2016, recognising its compliance with statutory requirements and its alignment with the public interest. The approval allowed the parties to proceed with the operation of bitumen facilities on Bulwer Island under the terms of the agreement. This decision ensures that the bitumen operations on Bulwer Island are conducted in a manner that balances economic development with environmental and safety considerations.

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