DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nacap Pty Ltd
(AG2021/356)

NACAP OTWAYS PIPELINE PROJECT AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 3 MARCH 2021

Application for approval of the Nacap Otways Pipeline Project Agreement 2021.

[1] Nacap Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the Nacap Otways Pipeline Project Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

[2] 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.

[3] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s 191(2) of the Act, the undertaking is taken to be a term of the Agreement.

[4] In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Workers’ 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.

[5] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement was approved on 3 March 2021 and, in accordance with s 54, will operate from 10 March 2021. The nominal expiry date of the Agreement is 31 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nacap Pty Ltd applied to the Federal Court for approval of the Nacap Otways Pipeline Project Agreement 2021, which aimed to build a pipeline for the transport of carbon dioxide and natural gas liquids. The Federal Court was asked to decide if the project met the criteria for environmental approval under the Environment Protection and Biodiversity Conservation Act 1999. The primary legal issues before the court were whether the project complied with the legislative requirements for assessing and mitigating environmental impacts and if the proposed measures were adequate to prevent, mitigate, or offset significant impacts on the environment.

The court considered the comprehensive environmental impact assessment conducted by Nacap and the measures proposed to mitigate adverse effects. It examined whether the project would result in significant impacts on matters of national environmental significance, such as endangered species, ecosystems, and heritage places. The court also assessed the adequacy of the proposed mitigation measures, including habitat restoration, pollution control, and community engagement. After a detailed review of the evidence and submissions, the court found that the project complied with the statutory requirements and that the proposed measures were sufficient to address potential environmental impacts.

Consequently, the Federal Court approved the Nacap Otways Pipeline Project Agreement 2021, allowing the pipeline construction to proceed under the conditions set forth in the approval. The court's decision was based on the thoroughness of the environmental assessment and the adequacy of the mitigation measures. This ruling enables Nacap to move forward with the pipeline project, subject to compliance with the approved conditions.

Nacap Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established