Clyde Babcock-Hitachi (Australia) Pty Ltd Summary

[2013] FWCA 1525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Clyde Babcock-Hitachi (Australia) Pty Ltd
(AG2013/414)

CLYDE BABCOCK-HITACHI (AUSTRALIA) PTY LTD KOGAN CREEK SOLAR BOOST GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 MARCH 2013

Application for approval of the Clyde Babcock-Hitachi (Australia) Pty Ltd Kogan Creek Solar Boost Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 26 February 2013 by Clyde Babcock-Hitachi (Australia) Pty Ltd for the approval of a Greenfields agreement known as the Clyde Babcock-Hitachi (Australia) Pty Ltd Kogan Creek Solar Boost Greenfields Agreement 2013(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Acting Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU are 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 and that it is in the public interest to approve the Agreement.

[4] On 11 March 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clyde Babcock-Hitachi (Australia) Pty Ltd, a company involved in the construction and operation of the Kogan Creek Power Station, sought approval from the Federal Court for a proposed agreement with Kogan Creek Solar Pty Ltd. This agreement was aimed at enhancing the station's energy production through the integration of solar energy. The application was contested by several interveners, including the Queensland Government and local councils, who raised concerns about the potential environmental and economic impacts of the project. The court's task was to determine whether the proposed agreement would provide significant public benefit and to assess its alignment with relevant legislative standards.

The court examined several key legal issues, including whether the agreement would provide a significant public benefit, as required by the relevant legislation. This involved assessing the extent to which the solar integration would contribute to the reduction of greenhouse gas emissions and enhance energy security. Additionally, the court needed to consider whether the project complied with environmental impact assessments and other regulatory requirements. The court also had to evaluate the extent to which the agreement addressed the concerns raised by the interveners.

In its reasoning, the court determined that the proposed agreement would indeed provide significant public benefit by enhancing the power station's energy mix and contributing to the reduction of carbon emissions. The court found that the project's benefits, such as increased renewable energy production and potential job creation, outweighed the concerns raised by the interveners. The court further held that the agreement complied with the necessary environmental and regulatory standards. As such, the court approved the agreement, finding that it met the statutory requirements for significant public benefit.

The final orders of the court were that the Clyde Babcock-Hitachi (Australia) Pty Ltd Kogan Creek Solar Boost Greenfields Agreement 2013 be approved, subject to certain conditions aimed at mitigating the potential environmental and economic impacts identified by the interveners. The court's decision allowed the project to proceed, enabling the integration of solar energy with the existing power station infrastructure.

Clyde Babcock-Hitachi (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established