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[2013] FWCA 4733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EC&M Limited
(AG2013/1723)

EC&M LIMITED WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 17 JULY 2013

Application for approval of the EC&M Limited Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the EC&M Limited Wheatstone Project 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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EC&M Limited, as the proponent of the Wheatstone Project, sought approval from the Federal Court for an agreement pertaining to the project. The applicant argued that the agreement would facilitate the development and operation of the Wheatstone Project, which involves the extraction and processing of natural gas. The Federal Court was tasked with determining whether the agreement complied with relevant legislative provisions and whether it was in the public interest.

The central legal issues before the court were whether the Wheatstone Project Agreement 2013 adhered to the applicable laws and regulations, particularly those outlined in the Environment Protection and Biodiversity Conservation Act 1999. The court had to assess whether the proponent had adequately addressed environmental concerns and whether the proposed measures were sufficient to mitigate any potential adverse impacts. Furthermore, the court needed to determine if the agreement was in the public interest, taking into consideration the economic benefits and social impacts of the project.

The court examined the Wheatstone Project Agreement 2013 in light of the statutory requirements and found that the proponent had taken reasonable steps to address environmental concerns. The court was satisfied that the measures proposed in the agreement were sufficient to mitigate potential adverse impacts on the environment. Additionally, the court concluded that the economic benefits and social impacts of the project were significant and warranted approval. Therefore, the court approved the Wheatstone Project Agreement 2013, finding it to be in the public interest.

The Federal Court approved the Wheatstone Project Agreement 2013, allowing EC&M Limited to proceed with the development and operation of the Wheatstone Project. The court's decision acknowledged the proponent's efforts to address environmental concerns and recognised the potential benefits of the project to the economy and society. The court's approval was subject to the conditions outlined in the agreement, which aimed to ensure that the project was carried out in a manner that minimised environmental harm and promoted the public interest.

EC&M Limited

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