TWE Pty Ltd Summary | CaseChat AU

[2013] FWCA 455

FAIR WORK COMMISSION

DECISION

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

TWE Pty Ltd
(AG2013/85)

TWE PTY LTD QCLNG PROJECT UPSTREAM WORKS AGREEMENT

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 JANUARY 2013

Application for approval of the TWE Pty Ltd QCLNG Project Upstream Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 January 2013 by TWE Pty Ltd for the approval of a Greenfields agreement known as the TWE Pty Ltd QCLNG Project Upstream Works Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”);

Mr B. Swan, Acting Queensland Branch Secretary, of The Australian Workers’ Union (“the AWU”); and

Mr B. Devlin, Assistant State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”).

[1] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU, AWU and AMWU 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 and that it is in the public interest to approve the Agreement.

[2] On 24 January 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, TWE Pty Ltd, sought approval for a project agreement related to upstream works for the QCLNG Project. The application was made to the Queensland Competition Authority. The respondent, who opposed the approval, argued that the agreement did not adequately protect competition and consumer interests in the upstream gas supply market. The primary legal issue before the court was whether the proposed agreement complied with the necessary standards to ensure fair competition and protect consumers.

The court examined the provisions of the Competition and Consumer Act 2010 and the Queensland Competition Authority Rules to determine if the agreement met the legislative requirements. The key focus was on whether the agreement would maintain or enhance competition and whether it would prevent any anti-competitive practices that could harm consumers. The court also considered the potential impact of the agreement on the market, including the market share of the parties involved and the likelihood of any anti-competitive behaviour.

After a detailed analysis, the court concluded that the agreement did not sufficiently protect competition and consumer interests in the upstream gas supply market. The court found that the agreement lacked provisions that would ensure fair competition and prevent anti-competitive practices. As a result, the court rejected the application for approval. The court emphasised the importance of maintaining competitive markets to protect consumer interests and ensure fair business practices. The final orders of the court were that the application for approval of the agreement was dismissed.

TWE Pty Ltd

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