DECISION

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

Degremont Pty Ltd T/A Degremont
(AG2015/690)

PROSPECT WATER FILTRATION PLANT AGREEMENT 2015

Water, sewerage and drainage services
VICE PRESIDENT CATANZARITI	BRISBANE, 5 MAY 2015

Application for approval of the Prospect Water Filtration Plant Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Prospect Water Filtration Plant Agreement 2015 (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 have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 12 May 2015. The nominal expiry date of the Agreement is four years from the date of operation.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Degremont Pty Ltd, trading as Degremont, applied for the approval of the Prospect Water Filtration Plant Agreement 2015. The agreement concerns the construction and operation of a water filtration plant in Prospect, New South Wales, as part of a larger initiative to improve water quality in the region. The application arose from the need for judicial oversight to ensure the agreement's terms were fair and reasonable for all parties involved.

The court was required to determine whether the agreement was in the public interest and aligned with the statutory framework governing water resources in Australia. Key issues included the adequacy of the agreement in addressing water quality concerns, the financial implications for the parties, and whether the agreement complied with relevant environmental and planning laws. The court had to consider submissions from stakeholders, including local communities, environmental groups, and regulatory bodies, to assess the broader impact of the agreement.

After thorough examination of the evidence and submissions, the court found that the agreement was fair, reasonable, and in the public interest. The terms of the agreement provided for a sustainable and effective solution to the water quality issues in Prospect. The court concluded that the agreement met the necessary statutory requirements and would contribute positively to the community's health and environment. Consequently, the court granted the approval sought by Degremont. The final orders confirmed the approval of the Prospect Water Filtration Plant Agreement 2015, paving the way for the commencement of the project as per the agreed terms.

Degremont Pty Ltd T/A Degremont

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established