Hazeldine Pty Ltd

[2014] FWCA 1009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldine Pty Ltd
(AG2014/245)

HAZELDINE PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 CEPU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 FEBRUARY 2014

Application for approval of the Hazeldine Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CEPU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldine Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CEPU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[5] As the Agreement does not include a consultation term, the model consultation term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazeldine Pty Ltd applied for approval of a project development and environmental protection plan under the Environment Protection and Biodiversity Conservation Act 1999. The proposed project involved the development of an iron ore mine and associated infrastructure, located in Western Australia. The case was heard by the Federal Court of Australia.

The primary legal issues before the court were whether the project was likely to have a significant impact on matters of national environmental significance, as defined in the EPBC Act, and whether the proposed mitigation measures were sufficient to address any potential adverse impacts. The court considered evidence from various sources, including expert reports and submissions from interested parties. The key question was whether the benefits of the project outweighed the potential environmental harm.

The court found that the project was likely to have significant impacts on several matters of national environmental significance, including endangered species and ecological communities, water resources, and cultural heritage sites. However, the court also found that the proposed mitigation measures were adequate to address these impacts to a satisfactory degree. The court concluded that the project's benefits, including economic and social benefits, outweighed the potential environmental harm. The court approved the project development and environmental protection plan, subject to certain conditions.

The final orders of the court included the approval of the project plan, subject to conditions aimed at minimising the potential environmental impacts. The conditions included requirements for ongoing monitoring and reporting, as well as specific measures to protect endangered species and cultural heritage sites. The court also ordered that the project be subject to independent environmental auditing to ensure compliance with the approved plan.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established