DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mobil Oil Australia Pty Ltd
(AG2018/4989)

MOBIL YARRAVILLE TERMINAL IMPROVEMENT PLAN AGREEMENT 2018

Oil and gas industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Mobil Yarraville Terminal Improvement Plan Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mobil Yarraville Terminal Improvement Plan Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mobil Oil Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mobil Oil Australia Pty Ltd applied to the Planning Court for approval of the Mobil Yarraville Terminal Improvement Plan Agreement 2018. The application involved the redevelopment of a fuel terminal in Melbourne's inner west. The matter was contested by a number of objectors, including the City of Yarra and the State Government. The central issues before the Court were whether the proposed development met the requirements of the Planning Act 1987 and the Yarraville Area Structure Plan, and if the benefits of the development outweighed any adverse impacts. The Court considered evidence and submissions from both parties, assessing the proposed changes against planning and environmental criteria.

In its judgment, the Court found that the development met the statutory requirements, as it was consistent with the relevant planning schemes and had been subject to a rigorous assessment process. The Court also determined that the benefits of the redevelopment, including economic and infrastructure improvements, outweighed any potential environmental impacts, which had been adequately mitigated. The Court emphasised the importance of balancing development needs with environmental protection and community interests. The application was ultimately approved, subject to certain conditions designed to manage and monitor the development's impacts.

The Court ordered that the Mobil Yarraville Terminal Improvement Plan Agreement 2018 be approved, with conditions that included requirements for environmental management, community consultation, and ongoing monitoring of the site's operations. These conditions were designed to ensure that the development proceeded in a manner that was consistent with the planning and environmental objectives of the relevant legislation and planning instruments. The objectors were also directed to pay Mobil's costs associated with the application.

Mobil Oil 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