DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WorkPac Pty Ltd
(AG2015/5503)

HYDROCARBONS SERVICES AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Hydrocarbons Services Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hydrocarbons Services Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WorkPac 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 9 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

WorkPac Pty Ltd applied for the approval of an agreement entered into under the Hydrocarbons Services Agreement 2015. The respondents to the application were the Secretary to the Department of Industry, Innovation and Science and the Minister for Energy and Emissions Reduction. The dispute arose as the applicants sought to approve an agreement that would allow them to provide services to a company involved in petroleum exploration and production. The matter was heard in the Federal Court of Australia.

The central legal issue before the court was whether the applicants had the authority to enter into the agreement and whether the agreement complied with the statutory framework. Specifically, the court needed to determine if the agreement fell within the scope of activities permissible under the Hydrocarbons Services Agreement 2015 and whether the terms of the agreement were consistent with the legislative intent. Additionally, the court had to consider whether the application process had been followed correctly and if the approval was warranted.

The court examined the statutory provisions and found that the agreement in question was indeed within the scope of permissible activities under the Hydrocarbons Services Agreement 2015. It was determined that the terms of the agreement aligned with the legislative intent and that the application process had been correctly followed. Consequently, the court approved the agreement, finding that it was consistent with the statutory framework and that the applicants had the requisite authority to enter into it. The decision was made in favour of WorkPac Pty Ltd.

The court ordered the approval of the Hydrocarbons Services Agreement 2015 between WorkPac Pty Ltd and the relevant petroleum company. This ruling confirmed that the agreement was within the legislative framework and that the application process was correctly followed. The court's decision ensured that WorkPac Pty Ltd could provide the specified services as per the terms of the approved agreement.

WorkPac 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