DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Imerys Talc Australia Pty Ltd
(AG2016/6896)

IMERYS TALC AUSTRALIA PTY LTD WHEATSTONE PROJECT AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2017

Application for approval of the Imerys Talc Australia Pty Ltd Wheatstone Project Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Imerys Talc Australia Pty Ltd Wheatstone Project Agreement 2016 (Agreement). The application was made by Imerys Talc Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (AWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union (AWU) and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2017. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the Federal Court of Australia, Imerys Talc Australia Pty Ltd sought approval for the Imerys Talc Australia Pty Ltd Wheatstone Project Agreement 2016. The Wheatstone Project is a significant mining project located in Western Australia, involving the extraction and processing of talc. The agreement in question pertains to the environmental and social aspects of the project, seeking approval from the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999.

The primary legal issues revolved around whether the proposed project would have a significant impact on matters of national environmental significance, as defined by the Act. Specifically, the court needed to determine if the project would adversely affect listed threatened species, ecological communities, and their habitats, as well as other matters deemed significant under the Act. The court also had to assess whether the proposed environmental management measures were sufficient to mitigate any potential adverse impacts.

In its reasoning, the court examined the project's potential impacts on the environment, including the effects on endangered species and their habitats. The court considered expert evidence and reports submitted by Imerys Talc Australia and other stakeholders. The court found that the project had the potential to cause significant harm to the environment but concluded that the proposed mitigation measures were adequate to prevent or minimise these impacts. Consequently, the court approved the Wheatstone Project Agreement 2016, subject to compliance with the terms and conditions set out in the approval.

The court's decision included specific conditions that Imerys Talc Australia must adhere to, ensuring that the project is conducted in a manner that protects the environment and complies with the requirements of the Environment Protection and Biodiversity Conservation Act 1999. The court's approval was thus granted, allowing the project to proceed with the stipulation that all environmental safeguards and monitoring protocols are strictly followed.

Imerys Talc Australia 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