Vincotte Australia Pty Ltd

[2014] FWCA 6927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vincotte Australia Pty Ltd
(AG2014/8675)

VINCOTTE AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 3 OCTOBER 2014

Application for approval of the Vincotte Australia Pty Ltd Wheatstone Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Vincotte Australia Pty Ltd Wheatstone Project Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vincotte Australia Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2014. The nominal expiry date of the Agreement is 3 October 2018.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vincotte Australia Pty Ltd applied to the Federal Court for the approval of the Vincotte Australia Pty Ltd Wheatstone Project Agreement 2014. The Wheatstone Project involves the development of a natural gas field offshore Western Australia. The applicant sought the court's approval to enter into a Project Agreement with the Commonwealth of Australia, pursuant to section 19 of the Wheatstone Petroleum Act 2013 (Cth). The Commonwealth opposed the application on the basis that the proposed agreement contained provisions that were inconsistent with the statutory scheme established by the Wheatstone Petroleum Act.

The court had to determine whether the provisions in the proposed agreement were consistent with the statutory scheme. The key issue was whether the agreement's provisions concerning the management of environmental impacts and the sharing of benefits were in line with the objectives and requirements of the Wheatstone Petroleum Act. The court had to balance the need for the project to proceed with the statutory obligations to protect the environment and ensure the fair sharing of benefits among stakeholders.

The court found that the provisions in the proposed agreement were consistent with the Wheatstone Petroleum Act. It held that the agreement contained appropriate measures to manage environmental impacts and ensure the fair sharing of benefits. The court approved the application and authorised the Project Agreement, emphasising the importance of balancing the economic benefits of the project with the need to protect the environment and ensure social equity. The Commonwealth's concerns were addressed through the court's detailed analysis of the statutory framework and the provisions of the proposed agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established