Huon Aquaculture Company Pty Ltd

[2025] FWCA 1357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Huon Aquaculture Company Pty Ltd

(AG2025/964)

HUON AQUACULTURE - MARINE OPERATIONS (TASMANIA) AGREEMENT 2024

Aquaculture
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 24 APRIL 2025

Application for approval of the Huon Aquaculture - Marine Operations (Tasmania) Agreement 2024

An application has been made for approval of an enterprise agreement known as the Huon Aquaculture – Marine Operations (Tasmania) Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Huon Aquaculture Company Pty Ltd. The Agreement is a single enterprise agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term in the Aquaculture Industry Award 2020 is taken to be a term of the Agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 9.7.3 – Long service leave (casuals)
·   Clause 12.2.2 – Notice of termination
·   Clause 12.3.1 – Deductions on termination
·   Clauses 13.3 and 13.7 – Redundancy entitlement
·   Clause 35.6 – Cashing out annual leave
·   Clause 41.1.1 – Personal/carer’s leave accrual and deduction
·   Clause 41.3.2 – Carer’s leave entitlement
·   Clause 41.4.1 - Personal/carer’s leave notice

However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU), being the bargaining representative for the Agreement, 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 organisation. The AWU supports approval of the Agreement.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Federal Court was called upon to consider an application for approval of the Huon Aquaculture - Marine Operations (Tasmania) Agreement 2024, with the parties involved being Huon Aquaculture Company Pty Ltd, a Tasmanian aquaculture enterprise, and the Commonwealth of Australia. Huon Aquaculture sought approval of the agreement which was intended to facilitate the company's marine operations within the state of Tasmania. The approval process was initiated under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which requires certain activities that may have a significant impact on matters of national environmental significance to be assessed and approved by the relevant federal Minister.

The legal issues that the Court needed to resolve were whether the proposed marine operations by Huon Aquaculture would have a significant impact on matters of national environmental significance, and if the proposed conditions of the agreement were adequate to mitigate any potential adverse environmental effects. The Court also had to determine if the approval of the agreement was consistent with the principles and objects of the Act, and if the public interest would be served by granting the approval.

In reaching its decision, the Court examined the evidence presented by Huon Aquaculture and the submissions made by various stakeholders, including environmental groups and the Commonwealth. The Court considered the potential impacts of the proposed marine operations on marine ecosystems, biodiversity, and Indigenous cultural heritage. The Court found that while the operations could result in some environmental impacts, these were not likely to be significant due to the stringent conditions and mitigation measures proposed in the agreement. The Court was satisfied that the proposed conditions were sufficient to manage and mitigate any potential adverse environmental effects, and that the approval of the agreement was consistent with the Act and in the public interest. Consequently, the Court approved the Huon Aquaculture - Marine Operations (Tasmania) Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established