DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Universal Energy Australia Pty Ltd
(AG2016/6006)

UNIVERSAL ENERGY AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Universal Energy Australia Pty Ltd Wheatstone Project Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Universal Energy Australia Pty Ltd Wheatstone Project Agreement 2016 (Agreement). The application was made by The Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. 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.

[3] 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Universal Energy Australia Pty Ltd sought approval of an agreement with the Western Australian government for the Wheatstone Project. The application was heard in the Federal Court of Australia. The Wheatstone Project involves the exploration, production, and sale of natural gas and other hydrocarbons from the Wheatstone gas field off the coast of Western Australia. The dispute centred on whether the Federal Court had the jurisdiction to approve the agreement and whether the agreement complied with the applicable statutory framework.

The legal issues before the court were whether the Federal Court had jurisdiction to approve the agreement, and whether the agreement complied with the applicable statutory provisions. The court considered whether the agreement was an "approval instrument" under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) and whether the approval process was properly followed. The court also examined whether the agreement complied with the statutory requirements for environmental and social impact assessments.

The court found that it had jurisdiction to approve the agreement and that the agreement complied with the statutory framework. The court held that the agreement was an approval instrument within the meaning of the Act and that the approval process was properly followed. The court also found that the agreement complied with the statutory requirements for environmental and social impact assessments.

The court approved the Wheatstone Project Agreement 2016. The approval was subject to certain conditions, including the requirement for Universal Energy Australia Pty Ltd to comply with environmental and social impact assessment requirements and to submit regular reports to the relevant authorities.

Universal Energy Australia 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