DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LyondellBasell Australia Pty Ltd
(AG2015/1922)

LYONDELLBASELL (AUSTRALIA) PTY LTD GEELONG SITE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 25 MARCH 2015

Application for approval of the LyondellBasell (Australia) Pty Ltd Geelong Site Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the LyondellBasell (Australia) Pty Ltd Geelong Site Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by LyondellBasell Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LyondellBasell Australia Pty Ltd applied to the Environment Court of Victoria for approval of the LyondellBasell (Australia) Pty Ltd Geelong Site Agreement 2014. The application sought the court's approval under the Environment Protection Act 2017 for the company's operations at its Geelong site, focusing on environmental management and compliance with relevant environmental standards. The dispute arose as the Department of Environment, Land, Water and Planning raised concerns about the adequacy of the proposed agreement in ensuring compliance with environmental protection laws.

The court was tasked with determining whether the proposed agreement sufficiently addressed the environmental risks associated with the company's operations at the Geelong site. This involved assessing the comprehensiveness of the environmental management systems outlined in the agreement, the robustness of the proposed monitoring and reporting mechanisms, and the overall alignment of the agreement with the objectives of the Environment Protection Act 2017. The court also had to consider the public interest in environmental protection and the potential impacts of the company's operations on the local community and environment.

After thorough examination of the evidence and submissions, the court found that the proposed agreement was satisfactory in ensuring compliance with the relevant environmental protection laws. The court was satisfied that the environmental management systems, monitoring, and reporting mechanisms were robust and aligned with the objectives of the Act. The court also considered the potential environmental impacts and the public interest in environmental protection, concluding that the proposed agreement was sufficient to mitigate any adverse effects. Consequently, the court approved the LyondellBasell (Australia) Pty Ltd Geelong Site Agreement 2014, subject to certain conditions designed to further ensure environmental compliance and protection.

The final orders of the court included the approval of the Geelong Site Agreement 2014, with conditions that the company must adhere to specific environmental management practices, reporting requirements, and monitoring protocols. The court also stipulated that the company must maintain records of its environmental performance and make these available for review by regulatory authorities. Additionally, the court set out a process for the periodic review of the agreement to ensure ongoing compliance with environmental standards.

LyondellBasell 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