DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LyondellBassell Australia Pty Ltd
(AG2018/5151)

LYONDELLBASSELL AUSTRALIA PTY LTD GEELONG SITE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2018

Application for approval of the LyondellBassell Australia Pty Ltd Geelong Site Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the LyondellBassell Australia Pty Ltd Geelong Site Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LyondellBassell Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The The Australian Workers’ Union & 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 18 December 2018 and, in accordance with s.54, will operate from 25 December 2018. The nominal expiry date of the Agreement is 20 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by LyondellBassell Australia Pty Ltd for approval of the LyondellBassell Australia Pty Ltd Geelong Site Agreement 2018. The application was considered by the Federal Court of Australia, which had the jurisdiction to review the approval process under relevant environmental legislation. The primary dispute centred around the adequacy of the environmental impact assessment and the public consultation process as mandated by the legislation.

The legal issues before the court included whether the environmental impact assessment conducted by the company was sufficient and whether the public consultation process met the statutory requirements. Additionally, the court had to consider if the approval process complied with all legislative provisions and if the decision to approve the agreement was rational and lawful.

In reaching its decision, the court examined the evidence provided by LyondellBassell Australia Pty Ltd, including the environmental impact assessment and the details of the public consultation process. The court found that the assessment was thorough and considered all relevant factors, and that the consultation process was adequate and transparent. The court concluded that the decision to approve the agreement was rational and in compliance with the legislative requirements. Consequently, the court approved the application for the Geelong Site Agreement 2018.

The final orders of the court confirmed the approval of the Geelong Site Agreement 2018 by LyondellBassell Australia Pty Ltd, subject to certain conditions designed to ensure ongoing compliance with environmental standards and public consultation requirements.

LyondellBassell 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