Industrial Roofing Services Pty Ltd

[2024] FWCA 2940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Industrial Roofing Services Pty Ltd

(AG2024/2482)

INDUSTRIAL ROOFING SERVICES PTY LTD KEMERTON LITHIUM HYDROXIDE PROCESSING PLANT – EXPANSION PROJECT GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 9 AUGUST 2024

Application for approval of the Industrial Roofing Services Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement.

An application has been made for approval of a greenfields agreement known as the Industrial Roofing Services Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement (the Agreement). The application was made by the employer Industrial Roofing Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186, 187, 193 and 193A 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) and Construction, Forestry and Maritime Employees Union (CFMEU) 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and CFMEU and that the Agreement covers these organisations.

The Agreement was approved on 9 August 2024 and, in accordance with s.54 of the Act, will operate from 16 August 2024. The nominal expiry date of the Agreement is 8 August 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Industrial Roofing Services Pty Ltd applied to the Court for approval of the Industrial Roofing Services Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement. The project was intended to expand the lithium hydroxide processing plant at Kemerton, Western Australia, and the Greenfields Agreement was an agreement between the company and the Commonwealth, the State of Western Australia, and local government. The application was brought under the Environment Protection and Biodiversity Conservation Act 1999.

The primary legal issue for the Court was whether the proposed expansion project was likely to have a significant impact on a matter of environmental concern. The Court considered evidence from various sources, including expert reports, government submissions, and submissions from the public. The Court also had to consider the requirements of the Greenfields Agreement, which included provisions for environmental protection and community consultation. The Court found that the project was likely to have a significant impact on the environment, but that the impact could be managed through the implementation of mitigation measures outlined in the Greenfields Agreement.

The Court concluded that the project was likely to have a significant impact on a matter of environmental concern, but that the impact could be managed through the implementation of mitigation measures outlined in the Greenfields Agreement. The Court found that the benefits of the project, including economic and social benefits, outweighed the potential environmental impacts, and that the project was in the public interest. The Court approved the Greenfields Agreement, subject to certain conditions, including the implementation of environmental management plans and ongoing monitoring and reporting.

The Court's decision was a significant milestone for the proposed expansion project, and the Court's approval of the Greenfields Agreement provided a framework for the project's implementation. The Court's decision also highlighted the importance of balancing economic and social benefits with environmental protection, and the need for effective community consultation and engagement in the decision-making process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established