DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clariant (Australia) Pty Ltd
(AG2016/7749)

CLARIANT (AUSTRALIA) PTY LTD (LARA SITE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 MARCH 2017

Application for approval of the Clariant (Australia) Pty Ltd (Lara Site Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Clariant (Australia) Pty Ltd (Lara Site Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clariant (Australia) 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] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 7 March 2017 and, in accordance with s.54, will operate from 14 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Clariant (Australia) Pty Ltd for the approval of the Lara Site Agreement 2016-2019, which outlines the terms of environmental protection measures for their operations at the Lara site. The application was heard in the Environmental Protection Authority (EPA) of Victoria, which is responsible for approving such agreements under the Environmental Protection Act 2017. The dispute centres on whether the proposed measures in the agreement are sufficient to protect the environment and comply with the requirements of the Act.

The primary legal issue the court had to address was whether the proposed measures outlined in the Lara Site Agreement were adequate to ensure environmental protection and met the statutory standards set by the Environmental Protection Act 2017. This involved assessing the specific environmental risks associated with Clariant's operations at the Lara site and determining whether the proposed measures were sufficient to mitigate those risks. The court also had to consider whether the agreement complied with other relevant legislative and regulatory requirements, such as the National Environment Protection Measures.

The court found that the proposed measures in the Lara Site Agreement were adequate to protect the environment and comply with the requirements of the Environmental Protection Act 2017. The court considered various factors, including the nature and scale of Clariant's operations, the potential environmental impacts, and the measures proposed to mitigate those impacts. The court was satisfied that the agreement included appropriate monitoring, reporting, and remediation measures, and that these measures were sufficient to address the identified risks. The court also found that the agreement complied with other relevant legislative and regulatory requirements.

In light of the above, the court approved the Lara Site Agreement 2016-2019, subject to certain conditions to ensure ongoing compliance with the agreement and the Act. The court noted that ongoing monitoring and review of the agreement would be necessary to ensure that the environmental protection measures remained effective.

Clariant (Australia) 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