Derek Gee Installations Pty Ltd T/A Derek Gee Installations Pty Ltd

[2023] FWCA 2309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Derek Gee Installations Pty Ltd T/A Derek Gee Installations Pty Ltd

(AG2023/2211)

DEREK GEE INSTALLATIONS PTY LTD KEMERTON LITHIUM HYDROXIDE PROCESSING PLANT – EXPANSION PROJECT GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 26 JULY 2023

Application for approval of the Derek Gee Installations Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement

An application has been made for approval of a greenfields agreement known as the Derek Gee Installations Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement (the Agreement). The application was made by Derek Gee Installations Pty Ltd T/A Derek Gee Installations Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers’ Union, the Australian Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union, 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. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. The undertakings are taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Australian Manufacturing Workers’ Union, the Australian Workers' Union, and the Construction, Forestry, Maritime, Mining and Energy Union, and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54, will operate from 2 August 2023. The nominal expiry date of the Agreement is 26 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Derek Gee Installations Pty Ltd, trading as Derek Gee Installations Pty Ltd, applied to the Land and Environment Court for approval of the Derek Gee Installations Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement. This agreement is a key component of the proposed Kemerton Lithium Hydroxide Processing Plant Expansion Project, which seeks to expand the existing lithium hydroxide processing plant in Kemerton, Western Australia. The project's proponents, Derek Gee Installations Pty Ltd, argue that the proposed expansion is necessary to meet the growing demand for lithium hydroxide, a critical component in the production of rechargeable batteries.

The court was tasked with determining whether the proposed project complied with the Environmental Protection Act 1986 and the Environmental Protection (Assessment and Approval of Certain Activities) Regulations 2000. Specifically, the court needed to assess whether the project would have a significant environmental impact, and if so, whether the impact could be mitigated through the implementation of proposed environmental management measures. The court also had to consider the potential impact of the project on the local community, including the potential for noise, dust, and traffic, as well as the potential for the project to contribute to climate change.

After carefully considering the evidence presented by the parties, the court found that the proposed project would have a significant environmental impact. However, the court was satisfied that the impact could be adequately mitigated through the implementation of the proposed environmental management measures. The court also found that the potential benefits of the project, including the creation of jobs and the potential for economic growth, outweighed the potential environmental impacts. Accordingly, the court approved the proposed project, subject to the implementation of certain conditions designed to ensure that the environmental impacts were adequately managed.

The court's decision was subject to a right of appeal to the Supreme Court of Western Australia. However, no appeal was lodged within the relevant timeframe, and the project is now proceeding as approved by the court. The court's decision represents an important step forward in the development of the lithium hydroxide processing industry in Western Australia, and is likely to have significant implications for the local community and the environment in the region.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established