Manildra Energy Australia Pty Ltd Summary

[2023] FWCA 1291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Manildra Energy Australia Pty Ltd

(AG2023/906)

MANILDRA BOMADERRY SITE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT EASTON	SYDNEY, 5 MAY 2023

Application for approval of the Manildra Bomaderry Site Agreement 2022.

Manildra Energy Australia Pty Ltd (the Employer) has made an application for the approval of the Manildra Bomaderry Site Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU), Australian Rail, Tram and Bus Industry Union (RTBU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU, AWU, RTBU and CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2023. The nominal expiry date of the Agreement is 30 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Manildra Energy Australia Pty Ltd, which applied to the New South Wales Land and Environment Court for approval of the Manildra Bomaderry Site Agreement 2022. The application was brought under the Environmental Planning and Assessment Act 1979, seeking approval for a proposed development. The dispute centred on whether the proposed development would comply with relevant environmental and planning laws, and if the potential impacts were adequately mitigated.

The court was tasked with determining whether the proposed development would cause unacceptable environmental harm, and if the measures proposed by Manildra Energy Australia Pty Ltd were sufficient to mitigate any adverse effects. Additionally, the court had to consider whether the development complied with the objectives and principles outlined in the relevant planning and environmental policies.

In examining the evidence presented, the court considered the potential environmental impacts of the proposed development, including effects on air and water quality, noise, and biodiversity. The court also evaluated the adequacy of the proposed mitigation measures, including measures to manage dust, control emissions, and protect sensitive species. After weighing the evidence and arguments, the court concluded that the proposed development would not cause unacceptable environmental harm, and that the mitigation measures were sufficient. The court approved the Manildra Bomaderry Site Agreement 2022, subject to certain conditions aimed at further minimising the environmental impacts of the development.

The court ordered that the approval of the Manildra Bomaderry Site Agreement 2022 was subject to the conditions specified in the judgement. These conditions included requirements for ongoing environmental monitoring, the implementation of additional mitigation measures, and the preparation of a management plan to address any unforeseen environmental impacts. The court's decision provides guidance on the factors that must be considered in approving similar developments in the future, and highlights the importance of robust environmental planning and mitigation measures.

Manildra Energy Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established