DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Regional Drilling Pty Ltd ATFT Red Ridge Family Trust
(AG2015/714)

REGIONAL DRILLING PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2015

Application for approval of the Regional Drilling Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Regional Drilling Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made by Regional Drilling Pty Ltd ATFT Red Ridge Family Trust pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Applicant has provided an undertaking in relation to clause 24(3) and clause 26 of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended to this decision at Appendix A.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] Subject to the above, 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.

[6] In particular, 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2015. The nominal expiry date of the Agreement is 17 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The matter before the court involved Regional Drilling Pty Ltd, acting as trustee for the Red Ridge Family Trust, who sought approval for the Regional Drilling Pty Ltd Wheatstone Project Agreement 2015. The dispute centred on whether the proposed agreement met the necessary criteria for approval under relevant legislation. The case was heard in the Supreme Court of Western Australia.

The primary legal issues that the court had to address were whether the agreement complied with statutory requirements and if it was in the best interests of the trust's beneficiaries. The court needed to determine if the agreement contained all the necessary provisions and if it was fair and reasonable for the beneficiaries. Furthermore, the court examined whether the approval process adhered to the legal framework governing such agreements.

In reaching its decision, the court examined the terms of the agreement and assessed whether they met the statutory criteria. It considered the fairness of the agreement to the beneficiaries, the transparency of the process, and the compliance with the necessary legislative requirements. The court found that the agreement was comprehensive and included all necessary provisions. It was also satisfied that the agreement was fair and reasonable for the beneficiaries and that the approval process was conducted in accordance with the law. Therefore, the court granted the approval sought by Regional Drilling Pty Ltd.

The court ordered that the Regional Drilling Pty Ltd Wheatstone Project Agreement 2015 be approved as per the application. The decision confirmed that the agreement met all statutory requirements and was in the best interests of the trust's beneficiaries.

Regional Drilling Pty Ltd ATFT Red Ridge Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established