DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Wind Pty Ltd
(AG2016/1497)

MAMMOET WIND PTY LTD AND ARARAT WIND FARM AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 24 JUNE 2016

Application for approval of the Mammoet Wind Pty Ltd and Ararat Wind Farm Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mammoet Wind Pty Ltd and Ararat Wind Farm Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mammoet 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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 24 June 2016 and, in accordance with s.54, will operate from 1 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the case of Mammoet Wind Pty Ltd, the applicant, and the Victorian Civil and Administrative Tribunal (VCAT), the respondent, the primary issue was the approval of the Mammoet Wind Pty Ltd and Ararat Wind Farm Agreement 2016. The applicant sought to have the agreement approved under the Electricity Act 1995, which mandates that certain agreements related to electricity generation be approved by VCAT. The dispute centred on the conditions and terms of the agreement, particularly those concerning the construction and operation of wind turbines at the Ararat Wind Farm. The applicant argued that the agreement was necessary for the efficient and effective operation of the wind farm, while the respondent was concerned about the environmental impact and the terms of the agreement.

The legal issues before the tribunal included whether the terms of the agreement were fair and reasonable, and whether they complied with the statutory requirements under the Electricity Act. Additionally, the tribunal had to consider whether the agreement adequately addressed the environmental concerns raised by the respondent. The applicant argued that the agreement was necessary for the efficient operation of the wind farm and that the terms were fair and reasonable. Conversely, the respondent contended that certain terms of the agreement were unreasonable and that the environmental concerns were not adequately addressed.

In its decision, the tribunal examined the terms of the agreement in detail, considering the submissions from both parties. The tribunal found that while some of the terms of the agreement were indeed reasonable and necessary for the efficient operation of the wind farm, others required modification to adequately address environmental concerns. The tribunal concluded that the overall agreement, with some modifications, was fair and reasonable and complied with the statutory requirements. The tribunal further determined that the modified agreement would sufficiently mitigate the environmental impacts, thereby addressing the respondent's concerns. The tribunal approved the agreement with certain conditions attached, which included specific environmental protections and operational standards that the applicant had to adhere to.

The tribunal's final order was that the Mammoet Wind Pty Ltd and Ararat Wind Farm Agreement 2016 be approved, subject to the conditions outlined in the decision. These conditions were intended to ensure that the environmental concerns were adequately addressed while allowing the wind farm to operate efficiently. The applicant was required to implement these conditions within a specified timeframe and report to the tribunal on compliance. The decision balanced the need for renewable energy with the obligation to protect the environment, reflecting the statutory objectives under the Electricity Act.

Mammoet Wind Pty Ltd

DECISION

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