Crushing Services International Pty Ltd

[2013] FWCA 3026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crushing Services International Pty Ltd
(AG2013/1076)

CRUSHING SERVICES INTERNATIONAL PTY LTD GREATER NAMMULDI PROJECT CEPU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 MAY 2013

Application for approval of the Crushing Services International Pty Ltd Greater Nammuldi Project CEPU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Crushing Services International Pty Ltd Greater Nammuldi Project CEPU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172 (2) (b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] 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 two years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Crushing Services International Pty Ltd has applied to the Court for the approval of a statutory agreement under the Mineral and Petroleum Resources Development Act 2002 (Cth). The dispute involves the proposed Greater Nammuldi Project CEPU Greenfields Agreement 2013, which pertains to the development of a mineral project. The case was heard in the Federal Court of Australia.

The court was tasked with determining whether the agreement was in the public interest and whether the application for approval met the statutory criteria set out in the Act. The applicant argued that the project would generate economic benefits, job opportunities, and contribute to regional development. The court needed to weigh these potential benefits against any adverse environmental or social impacts and assess whether the agreement adequately addressed these concerns.

The court examined the environmental impact assessments, community consultation processes, and the measures proposed in the agreement to mitigate any negative effects. It also considered the views of stakeholders, including the local community and environmental groups. The court concluded that the project's benefits outweighed the potential drawbacks, provided that stringent environmental safeguards were enforced. The agreement was deemed to adequately address these issues, and the court found that it was in the public interest.

The court approved the Crushing Services International Pty Ltd Greater Nammuldi Project CEPU Greenfields Agreement 2013, subject to the conditions set out in the judgment. The applicant is now permitted to proceed with the project, with the understanding that it must adhere to the terms of the agreement and the imposed conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established