DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Globe Hill KBSS JV Pty Ltd
(AG2016/53)

GLOBE HILL KBSS JV PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 FEBRUARY 2016

Application for approval of the Globe Hill KBSS JV Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Globe Hill KBSS JV Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Globe Hill KBSS JV Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 15 February 2016. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Globe Hill KBSS JV Pty Ltd applied for approval of the Wheatstone Project Agreement 2015, which was to be entered into with the Western Australian Government. The Wheatstone Project Agreement 2015 was to provide for the development of the Wheatstone Coal Seam Gas Project. The Federal Court of Australia was asked to approve the agreement under section 35A of the Environmental Protection and Biodiversity Conservation Act 1999. The application was opposed by the Environmental Justice Centre Inc, who argued that the Court should not approve the agreement because it would result in the significant harm of the destruction of habitat for the endangered Gould's Petrel.

The Court had to decide whether the significant harm of the destruction of habitat for the Gould's Petrel would occur as a result of the approval of the Wheatstone Project Agreement 2015. The Court considered the evidence in relation to the Gould's Petrel and found that it was likely that the destruction of habitat would occur as a result of the approval of the Wheatstone Project Agreement 2015. The Court also found that the destruction of habitat would be significant harm to the Gould's Petrel. The Court considered the environmental benefits of the Wheatstone Project Agreement 2015 and found that they were not sufficient to outweigh the significant harm that would occur to the Gould's Petrel. The Court therefore declined to approve the Wheatstone Project Agreement 2015.

The Federal Court of Australia declined to approve the Wheatstone Project Agreement 2015, finding that the significant harm of the destruction of habitat for the Gould's Petrel would occur as a result of the approval of the Wheatstone Project Agreement 2015. The Court found that the environmental benefits of the Wheatstone Project Agreement 2015 were not sufficient to outweigh the significant harm that would occur to the Gould's Petrel.

Globe Hill KBSS JV Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established