DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture
(AG2018/2581)

HUON AQUACULTURE - PROCESSING OPERATIONS (TASMANIA) AGREEMENT 2018

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Huon Aquaculture - Processing Operations (Tasmania) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Huon Aquaculture - Processing Operations (Tasmania) Agreement 2018 (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 T/A Huon Aquaculture. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers being a 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Huon Aquaculture Company Pty Ltd, trading as Huon Aquaculture, applied for approval of the Huon Aquaculture - Processing Operations (Tasmania) Agreement 2018, which sought to regulate the processing operations in Tasmania. The application was made under the federal Environment Protection and Biodiversity Conservation Act 1999 (Cth). The Federal Court was tasked with reviewing and approving the agreement, considering its environmental impact and compliance with the relevant legislation.

The primary legal issue the court had to address was whether the agreement adequately safeguarded the environment and complied with the requirements of the Act. This involved scrutinising the environmental impact assessments, the proposed mitigation measures, and the overall alignment of the agreement with the objectives of the Act. The court also had to consider whether the agreement provided for sufficient monitoring and enforcement mechanisms to ensure compliance.

The court found that the agreement was comprehensive and provided for adequate environmental protection and compliance with the Act. The environmental impact assessments were deemed thorough, and the proposed mitigation measures were considered appropriate. The court was satisfied that the agreement included robust monitoring and enforcement mechanisms, ensuring compliance and environmental protection. Consequently, the court approved the agreement, recognising its alignment with the objectives of the Act and its potential to manage the environmental impacts of the processing operations effectively.

No further orders were required beyond the approval of the agreement, as the court's decision effectively addressed the application. The approval of the agreement allows Huon Aquaculture to proceed with its processing operations under the terms set out in the agreement, subject to the conditions and requirements established therein.

Huon Aquaculture Company Pty Ltd T/A Huon Aquaculture

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established