Bluescope Water Australia Pty Ltd

[2013] FWCA 1194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluescope Water Australia Pty Ltd
(AG2013/144)

BLUESCOPE WATER AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 FEBRUARY 2013

Application for approval of the BlueScope Water Australia Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BlueScope Water Australia Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court was an application by Bluescope Water Australia Pty Ltd for approval of the BlueScope Water Australia Pty Ltd Wheatstone Project Agreement 2013. The application was brought pursuant to the Water Act 2007 (WA). The primary dispute centred on whether the proposed project would have an unacceptable environmental impact, thereby warranting refusal of approval. The Court was required to weigh the potential benefits of the project against the possible environmental harm.

The legal issues the court had to determine included whether the applicant had complied with the relevant statutory requirements and whether the project was in the public interest. The applicant argued that the project would provide significant economic benefits and job creation, while the respondent argued that the project could harm the local environment, including the marine ecosystem and water resources. The Court needed to assess the evidence presented by both parties to determine the overall impact of the project.

The Court considered the evidence and submissions from both parties and concluded that the project would not have an unacceptable environmental impact. The Court found that the applicant had taken adequate measures to mitigate any potential harm to the environment. The Court also considered the economic benefits of the project, which included job creation and the potential for increased economic activity in the region. Based on these findings, the Court approved the project, determining it was in the public interest.

The Court ordered that the Wheatstone Project Agreement 2013 be approved, subject to certain conditions designed to ensure that the project is carried out in an environmentally responsible manner. The conditions included requirements for regular monitoring and reporting on the environmental impact of the project, as well as provisions for the management of any potential environmental risks. The Court's decision was based on a careful consideration of the evidence and legal arguments presented by both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established