LyondellBasell Australia Pty Ltd

[2013] FWCA 10041

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LyondellBasell Australia Pty Ltd
(AG2013/10956)

LYONDELLBASELL (AUSTRALIA) PTY LTD GEELONG SITE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 19 DECEMBER 2013

Application for approval of the LyondellBasell (Australia) Pty Ltd Geelong Site Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the LyondellBasell (Australia) Pty Ltd Geelong Site Agreement 2012 (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] Subject to concerns that have been addressed by way of an 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from LyondellBasell Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Workers’ Union, being bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LyondellBasell Australia Pty Ltd applied for approval of the LyondellBasell (Australia) Pty Ltd Geelong Site Agreement 2012. The dispute centred on whether the terms of the Agreement were in line with the objectives of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The matter was heard by the Federal Court of Australia.

The court considered whether the proposed Agreement would effectively protect the environment and biodiversity in the Geelong area. This involved examining the environmental impact assessments and mitigation measures proposed in the Agreement. The court had to determine if the Agreement provided sufficient safeguards and if it was consistent with the requirements of the Act.

The Federal Court found that the Agreement was consistent with the objectives of the Act. The court was satisfied with the environmental impact assessments and the proposed mitigation measures, concluding that they were adequate to protect the environment and biodiversity. The court approved the Agreement, emphasising the importance of balancing industrial development with environmental protection.

The court's decision resulted in the formal approval of the LyondellBasell (Australia) Pty Ltd Geelong Site Agreement 2012. This decision allowed the project to proceed with the environmental safeguards in place as outlined in the Agreement.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established