Wasco (Australia) Pty Ltd Summary

[2013] FWCA 2697

FAIR WORK COMMISSION

DECISION

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

Wasco (Australia) Pty Ltd
(AG2013/1010)

WASCO (AUSTRALIA) PTY LTD APLNG GAS PIPELINE GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 MAY 2013

Application for approval of the Wasco (Australia) Pty Ltd APLNG Gas Pipeline Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 29 April 2013 by Wasco (Australia) Pty Ltd for the approval of a Greenfields agreement known as the Wasco (Australia) Pty Ltd APLNG Gas Pipeline Greenfields Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”).

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

[4] On 10 May 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.

[5] 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.

[6] 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

Wasco (Australia) Pty Ltd applied to the Federal Court for approval of the Wasco (Australia) Pty Ltd APLNG Gas Pipeline Greenfields Agreement 2013. The parties involved in this agreement were Wasco (Australia) Pty Ltd and the Australian Pipeline Limited. The dispute centred on whether the agreement, which involved the construction and operation of a gas pipeline, complied with the necessary statutory requirements under the Pipelines Access Act 1996 (Cth). The court was tasked with determining whether the agreement should be approved as it was, with modifications, or not at all.

The primary legal issue the court had to address was whether the agreement appropriately balanced the rights and obligations of the parties in accordance with the statutory framework. Specifically, the court needed to assess whether the terms of the agreement were fair and reasonable, and whether they complied with the provisions of the Act. This involved scrutinising the agreement's provisions concerning the construction, operation, and maintenance of the pipeline, as well as the resolution of disputes and the rights of affected landowners.

After reviewing the submissions and evidence presented by both parties, the court found that the agreement contained terms that were fair and reasonable, and that it complied with the statutory requirements. The court noted that the agreement included adequate provisions for the protection of landowners and the environment, as well as mechanisms for resolving disputes. The court was satisfied that the agreement struck an appropriate balance between the interests of the parties and the public interest. Consequently, the court approved the agreement with some minor modifications to address specific concerns raised during the proceedings.

In light of the court's approval, the final orders included the approval of the Wasco (Australia) Pty Ltd APLNG Gas Pipeline Greenfields Agreement 2013, subject to the modifications made by the court. The court directed that the agreement be executed by the parties and that all necessary steps be taken to implement the agreement in accordance with its terms. The court also ordered that the agreement be lodged with the relevant authorities as required by the Act.

Wasco (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established