G&S Engineering Services Pty Ltd

[2014] FWCA 3304

FAIR WORK COMMISSION

DECISION

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

G&S Engineering Services Pty Ltd
(AG2014/5990)

G & S ENGINEERING SERVICES ROCKLANDS COPPER PROCESSING PLANT PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 MAY 2014

Application for approval of the G & S Engineering Services Rocklands Copper Processing Plant Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 9 May 2014 by G&S Engineering Services Pty Ltd for the approval of a Greenfields agreement known as the G & S Engineering Services Rocklands Copper Processing Plant Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Ong, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU and CEPU 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 and that it is in the public interest to approve the Agreement.

[4] 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, G&S Engineering Services, applied to the Federal Court for approval of a proposed copper processing plant at Rocklands, Tasmania, under the Unions Greenfields Agreement. The application was contested by the Environment Protection Authority, who argued that the project would cause significant environmental harm. The court was required to determine whether the project met the criteria set out in the agreement, and whether any environmental harm could be mitigated. The court found that the applicant had demonstrated that the project would not cause significant environmental harm and that any potential harm could be mitigated through the implementation of appropriate measures. The court also found that the project met the criteria set out in the agreement, including the requirement that it be located in a greenfield site. The court approved the project, subject to the implementation of appropriate environmental management measures. The Environment Protection Authority was ordered to grant the necessary approvals for the project, subject to the implementation of these measures. The applicant was also ordered to prepare and submit an environmental management plan for the project, which would be subject to approval by the Environment Protection Authority.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established