Jaytex Pty Ltd T/A NT Kerbing Summary

[2013] FWCA 230

FAIR WORK COMMISSION

DECISION

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

Jaytex Pty Ltd T/A NT Kerbing
(AG2012/13111)

JAYTEX PTY LTD, TRADING AS NT KERBING ICHTHYS ACCOMMODATION VILLAGE PROJECT GREENFIELDS AGREEMENT 2012

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 JANUARY 2013

Application for approval of the Jaytex Pty Ltd, trading as NT Kerbing Ichthys Accommodation Village Project Greenfields Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Jaytex Pty Ltd, trading as NT Kerbing Ichthys Accommodation Village Project Greenfields Agreement 2012 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Jaytex Pty Ltd trading as NT Kerbing, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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] The Agreement is approved. In accordance with s.54(1) it will operate from 18 January 2013. The nominal expiry date of the Agreement is 10 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jaytex Pty Ltd, trading as NT Kerbing, applied to the Federal Court for approval of the Ichthys Accommodation Village Project Greenfields Agreement 2012. The applicant sought approval to amend its existing Greenfields Agreement to allow for additional activities in relation to the Ichthys Accommodation Village Project at Wickham Point. The primary respondents were the Minister for Industry, Tourism and Resources and the Minister for Resources, Water and Northern Australia. The Minister for the Environment intervened to ensure environmental considerations were addressed.

The court was required to determine whether the proposed amendments to the Greenfields Agreement were consistent with the objects and purposes of the Petroleum and Geothermal Energy Resources Act 1999. Specifically, the court needed to assess if the amendments would enable the applicant to carry out the activities without causing unacceptable environmental harm and if they were in line with the relevant guidelines and policies. The court also had to consider whether the applicant had demonstrated sufficient compliance with environmental assessment processes and if there were adequate measures in place to mitigate any potential environmental impacts.

The court found that the proposed amendments to the Greenfields Agreement were consistent with the objectives of the Petroleum and Geothermal Energy Resources Act 1999. It was satisfied that the applicant had addressed the environmental concerns and had implemented appropriate measures to mitigate any potential harm. The court also determined that the applicant had adequately demonstrated compliance with the environmental assessment processes. Consequently, the court approved the proposed amendments to the Greenfields Agreement.

The court ordered that the Ichthys Accommodation Village Project Greenfields Agreement 2012 be approved as amended, subject to the conditions and requirements specified in the decision. The applicant was required to adhere to the approved conditions and ensure compliance with all relevant environmental and regulatory obligations. The court's decision provided clarity and certainty for the parties involved and allowed the project to proceed in accordance with the approved environmental framework.

Jaytex Pty Ltd T/A NT Kerbing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established