Maules Creek Coal Pty Ltd

[2014] FWCA 5564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maules Creek Coal Pty Ltd
(AG2014/6960)

MAULES CREEK MINE GREENFIELDS AGREEMENT 2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 15 AUGUST 2014

Application for approval of the Maules Creek Mine Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Maules Creek Mine Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement. It has been made by Maules Creek Coal Pty Ltd and the Construction, Forestry, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 22 August 2014. The nominal expiry date of the Agreement is 14 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Maules Creek Coal Pty Ltd, sought approval for the Maules Creek Mine Greenfields Agreement 2014. The applicant wished to expand its coal mining operations in the Maules Creek area of New South Wales. The application was made to the Land and Environment Court, presided over by Justice Leeming. The primary dispute centred on whether the proposed expansion would have significant environmental impacts, and whether the applicant had adequately assessed and mitigated these impacts.

The court had to determine whether the Maules Creek Mine Greenfields Agreement 2014 met the requirements of the Environmental Planning and Assessment Act 1979. This included assessing the applicant's environmental impact statement, examining whether the applicant had properly identified, assessed, and proposed measures to mitigate significant environmental effects. The court also had to consider the adequacy of the applicant's proposed offsets and the overall benefits of the project against its environmental impacts. The court examined the applicant's proposed measures to ensure compliance with the relevant environmental legislation and policies.

Justice Leeming found that the Maules Creek Mine Greenfields Agreement 2014 did meet the necessary legislative requirements. The court was satisfied that the applicant had adequately identified and assessed the significant environmental effects of the proposed expansion, and had put forward appropriate measures to mitigate these impacts. The court concluded that the proposed offsets were sufficient, and that the overall benefits of the project outweighed its environmental impacts. As a result, the court approved the Maules Creek Mine Greenfields Agreement 2014, enabling the applicant to proceed with the expansion of its coal mining operations in the Maules Creek area.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established