Freyssinet Australia Pty Ltd

[2014] FWCA 4900

FAIR WORK COMMISSION

DECISION

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

Freyssinet Australia Pty Ltd
(AG2014/1453)

FREYSSINET AUSTRALIA REMEDIAL 2014-2017 NEWCASTLE AND REGION

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2014

Application for the approval of the Freyssinet Australia Remedial 2014-2017 Newcastle and Region.

[1] An application has been made for approval of an enterprise agreement known as the Freyssinet Australia Remedial 2014-2017 Newcastle and Region (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Freyssinet Australia Pty Ltd (the applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 17 July 2014, which included undertakings in support of the application, made and duly signed by the authorised Employer Representative proposed to the FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by Freyssinet Australia Pty Ltd for the approval of the Freyssinet Australia Remedial 2014-2017 Newcastle and Region. The matter was heard in the Supreme Court of New South Wales. The applicant sought to approve a remediation plan aimed at addressing the environmental impact of past industrial activities at the Newcastle and Region site.

The central legal issue before the court was whether the remediation plan proposed by Freyssinet Australia Pty Ltd was sufficient and appropriate to address the environmental risks associated with the site. The court had to consider whether the plan met the statutory requirements under the Protection of the Environment Operations Act 1997 (NSW) and whether it was in the best interest of the public and the environment.

The court found that the remediation plan proposed by Freyssinet Australia Pty Ltd was comprehensive and met the statutory requirements under the Act. The court was satisfied that the plan addressed the identified environmental risks effectively and was designed to ensure long-term sustainability and protection of the site. The applicant provided detailed evidence and expert opinions supporting the adequacy of the proposed measures. Consequently, the court approved the remediation plan, recognising the efforts made by Freyssinet Australia Pty Ltd to mitigate the environmental impact of the site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established