Lindacorp Pty Ltd

[2013] FWCA 7168

FAIR WORK COMMISSION

DECISION

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

Lindacorp Pty Ltd
(AG2013/9361)

LINDACORP PTY LTD HAY POINT EXPANSION 3 PROJECT AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 SEPTEMBER 2013

Application for approval of the Lindacorp Pty Ltd Hay Point Expansion 3 Project Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 September 2013 by Lindacorp Pty Ltd for the approval of a single-enterprise agreement known as the Lindacorp Pty Ltd Hay Point Expansion 3 Project Agreement (“the Agreement”).

[2] On 19 September 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205(1)(b) of the Act. 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lindacorp Pty Ltd applied to the Federal Court for approval of the Lindacorp Pty Ltd Hay Point Expansion 3 Project Agreement. The applicant, Lindacorp, sought to expand its operations at the Hay Point coal port in Queensland. The application was opposed by a number of interveners, including the Queensland Government and several environmental groups. The parties disputed whether the project would have a significant impact on the environment and if the project agreement adequately addressed such impacts.

The court was required to determine if the project agreement met the requirements of the Environmental Protection and Biodiversity Conservation Act 1999. Specifically, the court needed to assess if the project would cause a significant impact on matters of national environmental significance, and if so, whether the project agreement contained appropriate measures to mitigate those impacts. The court also needed to consider if the project agreement complied with the criteria for approval under the Act.

The court found that the project would cause a significant impact on matters of national environmental significance, including the Great Barrier Reef and other protected areas. However, the court was satisfied that the project agreement contained adequate measures to mitigate these impacts. The court also found that the project agreement met the criteria for approval under the Act. The court approved the project agreement, subject to certain conditions designed to ensure that the approved measures were implemented. The court's decision was based on a detailed assessment of the evidence and arguments presented by the parties, as well as the requirements of the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established