DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Huon Aquaculture Company Pty Ltd
(AG2020/2483)

HUON AQUACULTURE - MARINE OPERATIONS (TASMANIA) AGREEMENT 2019

Aquaculture
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 SEPTEMBER 2020

Application for variation of the Huon Aquaculture - Marine Operations (Tasmania) Agreement 2019.

[1] An application has been made for approval of a variation to the Huon Aquaculture - Marine Operations (Tasmania) Agreement 2019 (the Agreement). The application was made by Huon Aquaculture Company Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
14 October 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 3 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Huon Aquaculture Company Pty Ltd applied for a variation to the Huon Aquaculture - Marine Operations (Tasmania) Agreement 2019, seeking changes to the conditions under which it operates marine farms in Tasmania. The application was contested by various environmental groups and individuals who raised concerns about the potential environmental impacts of the proposed changes. The case was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the proposed changes to the agreement were consistent with the relevant legislation governing aquaculture operations and whether the applicant had adequately demonstrated that the changes would not result in significant harm to the environment. The court also had to consider whether the proposed changes would unduly burden the rights of third parties, such as environmental groups and local communities.

The court found that the proposed changes were consistent with the relevant legislation and that the applicant had sufficiently demonstrated that the changes would not result in significant harm to the environment. The court considered the evidence presented by both parties and concluded that the applicant had taken appropriate measures to mitigate any potential negative environmental impacts. The court also found that the proposed changes would not unduly burden the rights of third parties, as the applicant had engaged in extensive consultation and had addressed the concerns raised by stakeholders.

The court granted the application for variation of the agreement, subject to certain conditions designed to ensure that the applicant continued to monitor and mitigate any environmental impacts. The final orders included provisions for ongoing environmental monitoring, reporting, and community engagement to address any concerns that may arise in the future.

Huon Aquaculture Company 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