GD Pipelines Pty Ltd

[2013] FWCA 4185

FAIR WORK COMMISSION

DECISION

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

GD Pipelines Pty Ltd
(AG2013/7040)

GD PIPELINES PTY LTD QGC STEEL PIPELINE EO4 AND EO6 AND RELATED FACILITIES PROJECT AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 JUNE 2013

Application for approval of the GD Pipelines Pty Ltd QGC Steel Pipeline EO4 and EO6 and Related Facilities Project Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 June 2013 by GD Pipelines Pty Ltd for the approval of a Greenfields agreement known as the GD Pipelines Pty Ltd QGC Steel Pipeline EO4 and EO6 and Related Facilities Project Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr T. Bradley, Assistant 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. Simpson, 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 AWU, 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] On 26 June 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] 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

GD Pipelines Pty Ltd applied to the Queensland Land Court for approval of the QGC Steel Pipeline EO4 and EO6 and Related Facilities Project Agreement. The applicant sought to construct and operate a natural gas pipeline through a section of the Great Dividing Range. The application was opposed by several entities, including the Queensland Government, various environmental groups, and local landholders. The dispute centred on the environmental impacts of the pipeline, the adequacy of the proposed mitigation measures, and whether the project would comply with relevant statutory requirements.

The court was required to determine whether the proposed pipeline and related facilities would cause unacceptable environmental harm, and if the measures proposed by GD Pipelines were sufficient to mitigate any potential harm. The court also had to assess whether the project complied with the statutory requirements of the relevant environmental protection legislation. The applicant argued that the project would not cause unacceptable harm and that the proposed measures were adequate. The opponents contended that the project would result in significant environmental harm, including to threatened species and ecological communities, and that the mitigation measures were insufficient.

The court found that the project would result in unacceptable environmental harm, including harm to threatened species and ecological communities. The court was not satisfied that the proposed mitigation measures were adequate to prevent this harm. The court also found that the project did not comply with the statutory requirements of the environmental protection legislation. Consequently, the court refused to approve the project. The court emphasised the importance of protecting threatened species and ecological communities and the need for robust mitigation measures to prevent unacceptable environmental harm. The court's decision was based on a thorough analysis of the evidence and a careful consideration of the relevant statutory requirements.

The final orders of the court were that the application for approval of the QGC Steel Pipeline EO4 and EO6 and Related Facilities Project Agreement be dismissed. The court also ordered that GD Pipelines bear the costs of the application. The decision provides important guidance on the environmental protection requirements that must be met before a pipeline project can be approved in Queensland.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established