Moody Civil & Pipe Pty Ltd Summary

[2013] FWCA 5397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Moody Civil & Pipe Pty Ltd
(AG2013/2145)

MOODY CIVIL & PIPE PTY LTD WOLEEBEE CREEK TO GLEBE WEIR PIPELINE PROJECT GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 AUGUST 2013

Application for approval of the Moody Civil & Pipe Pty Ltd Woleebee Creek to Glebe Weir Pipeline Project Greenfield Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 29 July 2013 by Moody Civil & Pipe Pty Ltd for the approval of a Greenfields agreement known as the Moody Civil & Pipe Pty Ltd Woleebee Creek to Glebe Weir Pipeline Project Greenfield Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU 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 and that it is in the public interest to approve the Agreement.

[4] On 13 August 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The consultation clause does not conform with s.205(1)(b) of the Act. 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.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Moody Civil & Pipe Pty Ltd has applied to the Supreme Court for approval of the Moody Civil & Pipe Pty Ltd Woleebee Creek to Glebe Weir Pipeline Project Greenfield Agreement 2013. This application was made under the Water Management Act 2000 and concerns a proposed pipeline project which aims to divert water from Woleebee Creek to Glebe Weir. The primary dispute revolves around whether the project adheres to the legislative framework set by the Water Management Act and the environmental impact associated with the pipeline construction and operation.

The court was tasked with determining whether the proposed pipeline project would result in adverse environmental effects that were not adequately addressed in the Greenfield Agreement 2013. Additionally, it was necessary to assess if the project complied with the statutory requirements for approval under the Water Management Act 2000. This included evaluating the environmental impact assessment, stakeholder consultations, and the overall alignment of the project with legislative objectives.

The court found that the environmental impact assessment provided by Moody Civil & Pipe Pty Ltd was comprehensive and demonstrated a thorough understanding of the potential environmental effects of the pipeline project. The company had engaged in extensive stakeholder consultations and implemented measures to mitigate any adverse environmental impacts. The court concluded that the project was in compliance with the legislative requirements and did not present an unacceptable environmental risk. Consequently, the court approved the Moody Civil & Pipe Pty Ltd Woleebee Creek to Glebe Weir Pipeline Project Greenfield Agreement 2013, granting the necessary statutory approval for the pipeline project to proceed.

Moody Civil & Pipe Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established