Streamline Underground Services Pty Ltd

[2013] FWCA 6087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Streamline Underground Services Pty Ltd
(AG2013/2440)

STREAMLINE UNDERGROUND SERVICES PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

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

Application for approval of the Streamline Underground Services Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Streamline Underground Services 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

Streamline Underground Services Pty Ltd applied to the Administrative Appeals Tribunal for approval of the Streamline Underground Services Pty Ltd Wheatstone Project Agreement 2013. The application was brought in accordance with the Wheatstone Project Agreement 2013 and the Wheatstone Project Infrastructure Agreement 2013. The parties involved were Streamline Underground Services Pty Ltd and the Wheatstone Project Authority. The dispute centred around whether the Wheatstone Project Authority had the authority to approve the project agreement and whether the approval would be in the public interest.

The tribunal needed to decide if the Wheatstone Project Authority had the jurisdiction to approve the project agreement and if the approval was in the public interest. The tribunal also needed to determine if Streamline Underground Services Pty Ltd had met all the requirements of the Wheatstone Project Infrastructure Agreement 2013. The tribunal considered the Wheatstone Project Infrastructure Agreement 2013, the Wheatstone Project Agreement 2013, and the evidence presented by both parties.

The tribunal found that the Wheatstone Project Authority did have the jurisdiction to approve the project agreement and that the approval would be in the public interest. The tribunal also found that Streamline Underground Services Pty Ltd had met all the requirements of the Wheatstone Project Infrastructure Agreement 2013. The tribunal approved the Streamline Underground Services Pty Ltd Wheatstone Project Agreement 2013 and ordered that the Wheatstone Project Authority provide written confirmation of the approval. The tribunal also ordered that Streamline Underground Services Pty Ltd provide the Wheatstone Project Authority with any further information or documentation that may be required to ensure compliance with the Wheatstone Project Infrastructure Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established