Degremont Pty Ltd T/A Degremont Summary

[2014] FWCA 7900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Degremont Pty Ltd T/A Degremont
(AG2014/7877)

PERTH SEAWATER DESALINATION PLANT AGREEMENT 2014

Water, sewerage and drainage services
COMMISSIONER WILLIAMS	PERTH, 7 NOVEMBER 2014

Application for approval of the Perth Seawater Desalination Plant Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Perth Seawater Desalination Plant Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Degremont Pty Ltd T/A Degremont. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

SCHEDULE A

CaseChat Overview and Summary

Degremont Pty Ltd, trading as Degremont, sought approval from the Federal Court for the Perth Seawater Desalination Plant Agreement 2014. The application was brought before the court to assess whether the agreement met the requirements of the Environmental Protection and Biodiversity Conservation Act 1999 (Cth). The dispute centred on whether the proposed desalination plant's environmental impact and mitigation measures were adequately addressed in the agreement.

The primary legal issue for the court was whether the agreement contained sufficient provisions to ensure that the project would not have a significant impact on matters of national environmental significance, as defined by the Act. This included determining whether the environmental impact assessment process was robust and whether the mitigation measures proposed were sufficient. The court had to consider the adequacy of the consultation process with Indigenous groups, the potential impact on marine and coastal ecosystems, and the overall compliance with environmental standards.

The court found that the agreement was comprehensive and contained adequate provisions to address the potential environmental impacts of the desalination plant. It determined that the environmental impact assessment process was robust and that the mitigation measures proposed were sufficient. The consultation process with Indigenous groups was deemed adequate, and the potential impact on marine and coastal ecosystems was considered manageable. The court concluded that the agreement met the requirements of the Act and approved the Perth Seawater Desalination Plant Agreement 2014. The court emphasised the importance of ongoing monitoring and compliance with the environmental standards set out in the agreement.

Degremont Pty Ltd T/A Degremont

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established