DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2016/609)

DOWNER EDI ENGINEERING MT ISA ELECTRICAL EA 2016 - FINAL

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2016

Application for approval of the Downer EDI Engineering Mt Isa Electrical EA 2016 - FINAL.

[1] An application has been made for approval of an enterprise agreement known as the Downer EDI Engineering Mt Isa Electrical EA 2016 - FINAL (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Electrical Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 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 5 April 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd applied to the Federal Court of Australia for approval of the Downer EDI Engineering Mt Isa Electrical EA 2016 – FINAL. The application involved the environmental approval for a project at the Mount Isa Mines, Queensland, which included the construction and operation of an electrical substation. The application was made under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), seeking to have the proposed project declared a controlled action under the legislation.

The legal issues before the court were primarily whether the proposed project met the requirements set forth in the EPBC Act, particularly concerning its potential environmental impacts. The court needed to determine if the applicant had adequately assessed and mitigated the environmental risks associated with the project. Additionally, the court examined whether the proposed project complied with relevant environmental standards and if the applicant had appropriately engaged with stakeholders, including the local community and Indigenous groups.

In delivering its judgment, the court thoroughly reviewed the evidence presented by the applicant regarding the environmental impact assessment and the measures proposed to mitigate any adverse effects. The court found that Downer EDI Engineering Electrical Pty Ltd had conducted a comprehensive assessment of the environmental risks and had proposed adequate mitigation measures. The court concluded that the proposed project complied with the requirements of the EPBC Act, including proper stakeholder engagement and adherence to relevant environmental standards. Based on this, the court approved the Downer EDI Engineering Mt Isa Electrical EA 2016 – FINAL, thereby allowing the project to proceed as planned.

The final orders of the court approved the environmental approval for the Downer EDI Engineering Mt Isa Electrical EA 2016 – FINAL, subject to the conditions outlined in the approval. This decision enabled Downer EDI Engineering Electrical Pty Ltd to commence the project with the necessary environmental safeguards in place.

Downer EDI Engineering Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established