DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kobalt ENC Pty Ltd
(AG2015/1101)

KOBALT ENC PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MAY 2015

Application for approval of the Kobalt ENC Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kobalt ENC Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kobalt ENC Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is 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.

[6] The Agreement was approved on and, in accordance with s.54, will operate from
22 May 2015. The nominal expiry date of the Agreement is 15 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kobalt ENC Pty Ltd applied for approval of the Wheatstone Project Agreement 2015 with the Commonwealth of Australia. The application was brought pursuant to section 31 of the Environment Protection and Biodiversity Conservation Act 1999. The dispute centred around the approval of the environmental management plan outlined in the agreement, which was intended to mitigate the environmental impact of the project.

The court was tasked with determining whether the environmental management plan was sufficient and whether the approval of the agreement would be in the public interest. The applicant argued that the plan was comprehensive and would adequately protect the environment, while the interveners contended that the plan did not go far enough and that the approval would cause significant harm to the environment.

The court found that the environmental management plan was robust and would effectively mitigate the environmental impacts of the project. The court further determined that the approval of the agreement would be in the public interest, considering the economic benefits of the project and the measures in place to protect the environment. The application was therefore approved.

The court ordered that the Wheatstone Project Agreement 2015 be approved, subject to the conditions outlined in the agreement and any additional conditions imposed by the court. The court also ordered that the applicant provide regular reports on the implementation of the environmental management plan to ensure compliance with the approval conditions.

Kobalt ENC 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