DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tristar Water Solutions Pty Ltd
(AG2015/988)

TRISTAR WATER SOLUTIONS PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MAY 2015

Application for approval of the Tristar Water Solutions Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tristar Water Solutions Pty Ltd Wheatstone Project Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tristar Water Solutions Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[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] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is 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.

[6] The Agreement was approved on 4 May 2015 and, in accordance with s.54, will operate from 11 May 2015. The nominal expiry date of the Agreement is 4 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tristar Water Solutions Pty Ltd applied to the Supreme Court of Western Australia for the approval of the Tristar Water Solutions Pty Ltd Wheatstone Project Agreement 2015. The respondent, Wheatstone Project, opposed the application, raising concerns about the adequacy of the proposed agreement, particularly in relation to the environmental impact and the rights of indigenous parties. The court was required to determine whether the agreement appropriately addressed the concerns raised by the respondent and complied with relevant laws and regulations.

The court examined the terms of the agreement, focusing on the environmental provisions, the consultation process with indigenous parties, and the overall compliance with legislative requirements. The court considered the evidence provided by both parties, including expert reports and submissions on the environmental impact and indigenous rights. The court's reasoning involved a detailed analysis of the agreement's provisions, assessing whether they provided sufficient safeguards to protect the environment and adequately addressed the rights of indigenous parties.

After careful consideration, the court found that the agreement sufficiently addressed the environmental concerns and adequately consulted with indigenous parties. The court held that the agreement complied with relevant laws and regulations, and thus approved the Tristar Water Solutions Pty Ltd Wheatstone Project Agreement 2015. The court's decision was based on the evidence presented and the court's assessment of the agreement's provisions.

The court ordered the approval of the Tristar Water Solutions Pty Ltd Wheatstone Project Agreement 2015, subject to certain conditions that the parties must adhere to. These conditions included specific requirements for environmental monitoring and reporting, as well as ongoing consultation with indigenous parties. The court's final orders ensured that the agreement would be implemented in a manner that balanced the interests of the parties while protecting the environment and respecting the rights of indigenous parties.

Tristar Water Solutions 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