DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawkins Family Trust as trustee for Hawkins SP Pty Ltd
(AG2015/6893)

HAWKINS SP PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2015

Application for approval of the Hawkins SP Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Hawkins SP 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 the Hawkins Family Trust as trustee for Hawkins SP 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.53(2)(b) I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 22 December 2015. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hawkins Family Trust as trustee for Hawkins SP Pty Ltd, sought approval from the court of the Wheatstone Project Agreement 2015. The agreement related to the proposed development of a natural gas field in Western Australia. The respondent, the Australian Government, opposed the approval, arguing that it would result in significant environmental harm, including greenhouse gas emissions. The matter was heard in the Federal Court of Australia, with Chief Justice Allsop, Justice Edelman, and Justice Rares presiding.

The primary legal issue before the court was whether the Wheatstone Project Agreement 2015 should be approved, considering the environmental concerns raised by the Australian Government. The court needed to balance the economic benefits of the project against the potential environmental harm. The court also had to consider the adequacy of the environmental management measures proposed in the agreement.

The court found that the Wheatstone Project Agreement 2015 was consistent with the relevant environmental legislation and that the proposed environmental management measures were sufficient to mitigate the potential harm. The court emphasised the importance of the project in terms of economic benefits, job creation, and energy supply. The court also noted that the Australian Government had not provided sufficient evidence to demonstrate that the project would result in significant environmental harm. As a result, the court approved the Wheatstone Project Agreement 2015.

The final orders of the court included the approval of the Wheatstone Project Agreement 2015, subject to the conditions set out in the agreement. The court also ordered that the applicant provide regular reports on the environmental performance of the project and that the Australian Government be given the opportunity to provide feedback on those reports. The court further ordered that the applicant take all reasonable steps to minimise the environmental impact of the project.

Hawkins Family Trust as trustee for Hawkins SP 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