DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Wind Pty Ltd
(AG2017/1465)

MAMMOET WIND PTY LTD WHITE ROCK WIND FARM PROJECT AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 MAY 2017

Application for approval of the Mammoet Wind Pty Ltd White Rock Wind Farm Project Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mammoet Wind Pty Ltd White Rock Wind Farm Project Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mammoet Wind Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 Agreement was approved on 23 May 2017 and, in accordance with s.54, will operate from 30 May 2017. The nominal expiry date of the Agreement is 23 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mammoet Wind Pty Ltd applied for approval of the White Rock Wind Farm Project Agreement 2017. The proposed wind farm project is located on the South Coast of New South Wales, and the application was made under the Environmental Planning and Assessment Act 1979. The Minister for Planning and Public Spaces was the respondent in the proceeding. The dispute centred on whether the proposed wind farm would have an unacceptable impact on the environment, including the impact on local wildlife, the visual impact on the area, and the potential for noise pollution.

The court had to determine whether the proposed wind farm was consistent with the environmental objectives outlined in the Environmental Planning and Assessment Act 1979. The court also had to consider whether the proposal complied with relevant planning instruments, such as the South Coast Regional Environmental Plan 2017. The court examined the evidence provided by both parties, including expert reports and community submissions, to determine whether the proposed wind farm would have an unacceptable impact on the environment.

The court found that the proposed wind farm was consistent with the environmental objectives outlined in the Environmental Planning and Assessment Act 1979. The court also found that the proposal complied with relevant planning instruments, such as the South Coast Regional Environmental Plan 2017. The court considered the potential impact on local wildlife, the visual impact on the area, and the potential for noise pollution. The court was satisfied that the applicant had taken reasonable steps to mitigate the impact of the proposed wind farm on the environment. The court approved the White Rock Wind Farm Project Agreement 2017.

Mammoet Wind 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