Monadelphous Engineering Associates Pty Ltd Summary

[2023] FWCA 1415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Monadelphous Engineering Associates Pty Ltd

(AG2023/1270)

MONADELPHOUS ENGINEERING ASSOCIATES PTY LTD KEMERTON LITHIUM HYDROXIDE PROCESSING PLANT – EXPANSION PROJECT GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 MAY 2023

Application for approval of the Monadelphous Engineering Associates Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement

An application has been made for approval of a greenfields agreement known as the Monadelphous Engineering Associates Pty Ltd Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement (the Agreement). The application was made by Monadelphous Engineering Associates Pty Ltd (the Applicant) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. 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. In accordance with s 187(5)(a) of the Act, I am satisfied that the ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers' Union, the Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union (the organisations) are 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisations and that the Agreement covers them.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 24 May 2023. The nominal expiry date of the Agreement is 17 May 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Federal Court involved an application by Monadelphous Engineering Associates Pty Ltd to seek approval for the Kemerton Lithium Hydroxide Processing Plant – Expansion Project Greenfields Agreement. The respondent, the Minister for Environment, sought to intervene in the proceedings. The case centred on whether the court should grant approval for the proposed expansion project, considering its environmental implications and compliance with relevant legislation.

The primary legal issue for the court was to determine whether the proposed expansion project would have a significant impact on the environment, and if so, whether the proposed measures to mitigate such impacts were sufficient. The court had to consider the relevant statutory provisions under the Environment Protection and Biodiversity Conservation Act 1999, including the criteria for assessing significant impacts and the adequacy of proposed environmental management measures. The court also needed to assess the procedural fairness in the decision-making process, including whether the Minister for Environment had been given a reasonable opportunity to provide input and whether the proposed measures adequately addressed the environmental concerns.

The court held that the proposed project would have significant environmental impacts, including potential impacts on endangered species and ecological communities. However, the court found that the proposed measures to mitigate these impacts were adequate and that the decision-making process was procedurally fair. The court approved the Greenfields Agreement, noting that the proposed measures, including habitat restoration and species protection plans, were robust and aligned with best practice. The court also found that the Minister for Environment had been given a reasonable opportunity to provide input and that the approval process had been conducted in accordance with the relevant legislative requirements.

The court granted the application for approval of the Greenfields Agreement, subject to certain conditions to ensure ongoing environmental protection and monitoring. The Minister for Environment's application to intervene was dismissed as the court found that the Minister had not demonstrated a sufficient interest in the proceedings to warrant intervention.

Monadelphous Engineering Associates Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established