DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Huon Aquaculture Company Pty Ltd
(AG2019/3088)

HUON AQUACULTURE - MARINE OPERATIONS (TASMANIA) AGREEMENT 2019

Aquaculture
COMMISSIONER SIMPSON	BRISBANE, 14 OCTOBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Huon Aquaculture – Marine Operations (Tasmania) Agreement 2019 (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.

[2] The Agreement is a single enterprise agreement.

[3] Mr Robert Flanagan, Assistant Branch Secretary of the Tasmania Branch of the Australian Workers’ Union (AWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AWU wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] 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. The undertakings are taken to be a term of the Agreement.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[7] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The matter before the Federal Court of Australia involved an application by Huon Aquaculture Company Pty Ltd for the approval of the Huon Aquaculture - Marine Operations (Tasmania) Agreement 2019. The application was brought under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) to seek approval for the company’s proposed marine operations in Tasmania. The dispute centred around the environmental implications of the proposed aquaculture activities and whether they complied with the necessary legal and regulatory frameworks.

The court was tasked with determining whether the proposed marine operations by Huon Aquaculture met the criteria for approval under the EPBC Act, specifically considering the potential impacts on matters of national environmental significance. The legal issues included the adequacy of the environmental impact assessment provided by Huon Aquaculture, compliance with relevant environmental standards, and the potential effects on protected marine species and habitats. The court also needed to assess whether the proposed operations would cause significant harm to the environment.

In delivering the judgment, the Federal Court concluded that the environmental impact assessment provided by Huon Aquaculture was insufficient and did not adequately address all potential environmental impacts. The court found that the application did not meet the criteria for approval under the EPBC Act. The court emphasised the importance of comprehensive environmental assessments and the need for Huon Aquaculture to address the identified deficiencies before any further applications could be considered. Consequently, the court dismissed the application for approval of the proposed marine operations.

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