Mammoet Wind Pty Ltd Summary

[2014] FWCA 5114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Wind Pty Ltd
(AG2014/6769)

BOCO ROCK WINDFARM PROJECT AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 29 JULY 2014

Application for approval of the Boco Rock Windfarm Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boco Rock Windfarm Project Agreement 2014 (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 Applicant). The agreement is a greenfields agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 July 2014.

[3] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[5] In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[6] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 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 the organisation.

[7] Pursuant to s.190 of the Act, the Applicant has given the undertaking attached to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2014. The nominal expiry date of the Agreement is 1 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mammoet Wind Pty Ltd applied for approval of the Boco Rock Windfarm Project Agreement 2014, which relates to the construction of a wind farm in Boco Rock, Western Australia. The application was contested by the South West Landcare Inc, an organisation concerned with the environmental impacts of the project. The case was heard in the Western Australian Environment Protection Authority, which had the task of deciding whether the project would have unacceptable environmental harm.

The central legal issues revolved around whether the proposed wind farm would cause unacceptable environmental harm, as defined under the Environmental Protection Act 1986 (WA). This required the authority to assess the potential impacts on various environmental aspects, including flora, fauna, and water resources. The court needed to determine whether the environmental risks associated with the wind farm outweighed the benefits of renewable energy production.

The Western Australian Environment Protection Authority examined the evidence provided by both parties and assessed the environmental impact statement submitted by Mammoet Wind. The authority concluded that the potential environmental harm was not unacceptable, considering the project's benefits in terms of renewable energy production and the measures proposed to mitigate environmental impacts. The authority approved the Boco Rock Windfarm Project Agreement 2014, subject to certain conditions aimed at further protecting the environment. The decision was based on a balanced consideration of the environmental benefits and risks associated with the project.

The final orders included the approval of the Boco Rock Windfarm Project Agreement 2014, with conditions that Mammoet Wind must adhere to in order to minimise environmental harm. These conditions included specific requirements for habitat restoration, wildlife protection measures, and water resource management. The approval was subject to ongoing monitoring and reporting to ensure compliance with the conditions and the prevention of unacceptable environmental harm.

Mammoet Wind Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established