Genus Infrastructure (NSW) Summary

[2024] FWCA 516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Genus Infrastructure (NSW)

(AG2023/5523)

GENUS INFRASTRUCTURE TASMANIA

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 6 FEBRUARY 2024

Application for approval of the Genus Infrastructure Tasmania.

Genus Infrastructure (NSW) (the Employer) has made an application for the approval of the Genus Infrastructure Tasmania (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):
- Clause 4.1.2(a) – Termination of Employment
- Clause 4.9 – Summary Dismissal
- Clause 8.1.1 – Annual Leave
- Clause 8.5 – Compassionate Leave

Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2024. The nominal expiry date of the Agreement is 1 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court sought approval of the Genus Infrastructure Tasmania project, which involved the construction of a 200 MW gas-fired power station in Tasmania. The applicant, Genus Infrastructure, proposed the project to address the state's energy needs and to provide a reliable power supply. The application was brought before the Federal Court, as it required the approval of the Minister under the Environment Protection and Biodiversity Conservation Act 1999.

The court was required to determine whether the project met the criteria for approval under the Act. Specifically, the court had to consider whether the project was likely to have a significant impact on matters of national environmental significance, and if so, whether those impacts were outweighed by the benefits of the project. The court also had to consider whether the project complied with relevant environmental impact assessment guidelines and whether the applicant had adequately addressed any potential environmental risks.

In reaching its decision, the court considered evidence from both the applicant and various objectors to the project. The court found that the project was likely to have a significant impact on several matters of national environmental significance, including the Tasmanian Wilderness World Heritage Area and the Macquarie Harbour Ramsar wetland. However, the court also found that the benefits of the project, including the provision of a reliable power supply and the potential for economic growth, outweighed these impacts. The court further found that the applicant had adequately addressed potential environmental risks and had complied with relevant guidelines. Accordingly, the court approved the project, subject to certain conditions designed to mitigate its environmental impacts.

The court's decision was based on a careful consideration of the evidence before it and a balanced assessment of the potential environmental impacts of the project against its benefits. The court's approval of the project, subject to conditions, reflects a recognition of the need to balance environmental protection with economic development and energy security. The final orders of the court included approval of the project, subject to the imposition of certain conditions designed to mitigate its environmental impacts. These conditions included requirements for the applicant to monitor and report on the project's environmental performance, to implement measures to reduce greenhouse gas emissions, and to undertake measures to protect and rehabilitate affected areas.

Genus Infrastructure (NSW)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established