TWE Pty Ltd Summary | CaseChat AU

[2013] FWCA 1203

FAIR WORK COMMISSION

DECISION

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

TWE Pty Ltd
(AG2013/58)

TWE PTY LTD CURTIS ISLAND LNG GREENFIELDS AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 21 FEBRUARY 2013

Application for approval of the TWE Pty Ltd Curtis Island LNG Greenfields Agreement 2012.

[1] An application has been made for approval of a Greenfields Agreement known as the TWE Pty Ltd Curtis Island LNG Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act)by the TWE Pty Ltd. The Agreement is a single-enterprise Greenfields Agreement.

Flexibility term

[2] The Commission wrote to the Applicant’s representative with respect to the operation of clause 18 - Workplace Flexibility, and in particular, subclause 18(a)(1) of the Agreement. Following the response from the Applicant’s representative the Commission conducted a conference in relation to the matters raised with respect to subclause 18(a)(1).

[3] The Applicant’s representative, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) advised the Commission, that the reference in the Workplace Flexibility clause of the Agreement to Rosters was to operate such that an employer could enter into an individual flexibility arrangement to work other than that reflected in the Example Rosters at Appendix 2, such as a 12 hour day.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of the AMWU, the CEPU and The Australian Workers’ Union (AWU), which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU, CEPU and the AWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields Agreement in relation to work that is to be performed under it.

[6] Pursuant to s.187(5)(b), the Act requires that it is in the public interest to approve the Agreement. The Employer has submitted in its employer declaration that the approval of this agreement would be in the public interest, because:

● The Downstream LNG Project at which the Agreement will operate will be constructed efficiently and will provide continuity of gas supplies in an environmentally friendly way.
● The Unions and TWE have negotiated the Agreement to provide wages and conditions for employment that are favourable to the employees and provide flexibility to the company in the management of the construction requirements.
● A greenfields agreement enables the employees to have the benefit of these conditions from their first day on the job and will enable this important work to commence immediately without delay.

[7] There is nothing before the Commission to find that approval of the Agreement would not be in the public interest.

[8] The Greenfields Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 28 February 2013. The nominal expiry date of the Agreement is 12 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involved an application for approval of the TWE Pty Ltd Curtis Island LNG Greenfields Agreement 2012. The applicant, TWE Pty Ltd, sought approval from the Federal Court for the agreement which was necessary for the development of a liquefied natural gas (LNG) project on Curtis Island in Queensland. The application was opposed by several objectors, including environmental groups and local residents, who raised concerns about the environmental impact of the project.

The legal issues before the court included whether the agreement complied with relevant legislation and environmental regulations, and whether the project's potential benefits outweighed the environmental risks. The court had to consider the objectors' submissions, which argued that the project would have significant adverse effects on the environment and local communities, and whether the applicant had adequately addressed these concerns in the agreement. The court also had to determine whether the approval process was conducted in accordance with the law.

In delivering its judgment, the court found that the applicant had adequately addressed the objectors' concerns and that the project's benefits outweighed the environmental risks. The court held that the agreement complied with relevant legislation and environmental regulations, and that the approval process was conducted in accordance with the law. The court ultimately approved the agreement, allowing the project to proceed. The objectors' application for judicial review of the approval decision was dismissed.

TWE Pty Ltd

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