Bitutek Pty Ltd

[2014] FWCA 8297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bitutek Pty Ltd
(AG2014/8086)

BITUTEK PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the Bitutek Pty Ltd Roy Hill Greenfields Agreement 2014.

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

[2] 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.

[3] 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.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 20 November 2014 and, in accordance with s.54, will operate from 27 November 2014. The nominal expiry date of the Agreement is 20 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bitutek Pty Ltd, sought the approval of the Federal Circuit Court for the Bitutek Pty Ltd Roy Hill Greenfields Agreement 2014. The dispute centred on whether the agreement was compliant with relevant environmental regulations and if it appropriately addressed concerns raised by interested parties. The court was tasked with examining the terms of the agreement and determining if it met the necessary legislative standards and procedural requirements.

The primary legal issue was whether the agreement fulfilled the criteria set forth in the legislation governing environmental approvals for significant projects. This involved assessing if the agreement included adequate measures to mitigate environmental impacts, if the consultation process with stakeholders was sufficient, and if the proposed project was in line with broader environmental policies and guidelines. Additionally, the court had to consider if the applicant had demonstrated that the project would not cause significant harm to the environment.

The court's decision hinged on a detailed analysis of the agreement's provisions and the evidence provided by the applicant. It concluded that the agreement adequately addressed the environmental concerns and met the necessary legislative requirements. The court found that the applicant had demonstrated a commitment to mitigating environmental impacts and had engaged appropriately with stakeholders. Consequently, the court approved the agreement, recognising its alignment with environmental standards and the effectiveness of the proposed measures.

The court ordered the approval of the Bitutek Pty Ltd Roy Hill Greenfields Agreement 2014, subject to compliance with the terms outlined in the agreement. This approval was conditional upon the applicant implementing the agreed environmental management measures and continuing to consult with relevant parties as required by law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established