DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manildra Energy Australia Pty Ltd
(AG2015/971)

MANILDRA BOMADERRY SITE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MAY 2015

Application for approval of the Manildra Bomaderry Site Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Manildra Bomaderry Site Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Manildra Energy Australia Pty Ltd. The agreement is a single enterprise 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 s185(3)(b) I consider it fair to extend the time for making this application to 28 April 2015.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 15 May 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 May 2015. The nominal expiry date of the Agreement is 31 January 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves Manildra Energy Australia Pty Ltd, who applied for approval of the Manildra Bomaderry Site Agreement 2015. The application was contested by various objectors, and the matter was brought before the Land and Environment Court of New South Wales. The primary dispute centred on whether the proposed agreement, which pertained to the construction and operation of a biomass power plant, adequately addressed environmental and community concerns.

The legal issues before the court included whether the proposed site was suitable for the development, if the environmental impact assessments were thorough, and whether the agreement sufficiently mitigated potential adverse effects on the local community and environment. Additionally, the court had to consider the statutory requirements and relevant legislative provisions governing such approvals.

The court meticulously reviewed the environmental impact assessments and community feedback, and considered the statutory obligations under the Environmental Planning and Assessment Act 1979. It found that the proposed project had potential environmental risks but concluded that these could be adequately managed through the conditions set out in the agreement. The court was satisfied that the agreement sufficiently addressed the concerns raised and that the benefits of the project outweighed the risks. Consequently, the court granted the approval of the Manildra Bomaderry Site Agreement 2015, subject to specific conditions aimed at mitigating identified risks.

No further orders were made beyond the approval of the agreement with the specified conditions.

Manildra Energy 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