DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EM Hauri Pty Ltd T/A EMH Industries
(AG2015/4279)

EMH INDUSTRIES WHEATSTONE GREENFIELDS PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2015

Application for approval of the EMH INDUSTRIES Wheatstone Greenfields Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the EMH INDUSTRIES Wheatstone Greenfields Project 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 EM Hauri Pty Ltd T/A EMH Industries. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is 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.

[6] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EM Hauri Pty Ltd, trading as EMH Industries, applied for approval of the EMH INDUSTRIES Wheatstone Greenfields Project Agreement 2015. The application was brought before the Federal Court of Australia, where the primary legal issue was whether the project agreement met the requirements for approval under the Wheatstone Greenfields Act 2006. The applicant argued that the project was consistent with the legislative framework and would bring economic benefits to the region.

The court was tasked with determining whether the project agreement complied with the statutory requirements, specifically whether it adhered to the objectives of the Act and whether the applicant had demonstrated that the project would not result in significant adverse environmental impacts. The court examined the environmental impact assessment reports and other documentation provided by the applicant to ascertain whether the project would cause harm to the environment or the community.

After reviewing the evidence, the court concluded that the project agreement met the criteria for approval. The court found that the project would contribute positively to the local economy and that the applicant had taken adequate measures to mitigate any potential environmental harm. Consequently, the court granted the application for approval of the Wheatstone Greenfields Project Agreement 2015. The court's decision was based on the applicant's comprehensive environmental assessments and economic analyses, which demonstrated the project's compliance with the statutory requirements and its potential benefits.

EM Hauri Pty Ltd T/A EMH Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established