DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wolf Energy Pty Ltd
(AG2017/1520)

WOLF ENERGY NEW SOUTH WALES OPERATIONS AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 JUNE 2017

Application for approval of the Wolf Energy New South Wales Operations Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wolf Energy New South Wales Operations Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wolf Energy Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 9 June 2017. The nominal expiry date of the Agreement is 9 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wolf Energy Pty Ltd applied to the Federal Court for approval of the Wolf Energy New South Wales Operations Agreement 2017. The applicant sought approval of the agreement under the Petroleum (Submerged Lands) Act 1967, which governs petroleum operations in Australia's submerged lands. The application was opposed by several objectors who raised concerns about the environmental impact of the proposed operations and the adequacy of the applicant's environmental management plans.

The court was required to consider whether the applicant had provided sufficient evidence to support its claim that the proposed operations would not cause unacceptable environmental harm. The court also had to consider whether the applicant had adequately addressed the objectors' concerns and whether the proposed operations were consistent with the relevant legislation and regulations. The court further had to consider whether the applicant had provided sufficient evidence to support its claim that the proposed operations were in the public interest.

The court found that the applicant had provided sufficient evidence to support its claim that the proposed operations would not cause unacceptable environmental harm. The court was satisfied that the applicant had adequately addressed the objectors' concerns and that the proposed operations were consistent with the relevant legislation and regulations. The court also found that the applicant had provided sufficient evidence to support its claim that the proposed operations were in the public interest. The court therefore approved the Wolf Energy New South Wales Operations Agreement 2017.

Wolf Energy 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