Orica Australia Pty Ltd

[2013] FWCA 3251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orica Australia Pty Ltd
(AG2013/6374)

ORICA KALGOORLIE RESERVE SITE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 MAY 2013

Application for approval of the Orica Kalgoorlie Reserve Site Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Orica Kalgoorlie Reserve Site Agreement 2013 (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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In this case, Orica Australia Pty Ltd sought approval from the Mining Warden of Leonora for the Orica Kalgoorlie Reserve Site Agreement 2013. The dispute centred on the approval of a reserve site, which would be used for the storage of explosives at Kalgoorlie in Western Australia. The application was brought before the Mining Warden under the Mining Act 1978 (WA). The Mining Warden was required to determine whether the proposed site met the criteria set out in the Act and whether there were any significant environmental or community impacts that would warrant refusal of the application.

The legal issues before the court were whether the proposed site for the storage of explosives complied with the statutory requirements under the Mining Act 1978 (WA) and whether the environmental and community impacts were adequately addressed. The key considerations included the suitability of the site, the adequacy of the site’s design, and the potential for environmental harm or community disturbance. The court also had to evaluate the information provided by Orica Australia Pty Ltd, including the site’s risk assessment and community consultation efforts.

The Mining Warden found that the proposed site was suitable for the storage of explosives and that the design met the requirements of the Act. The Warden was satisfied that the environmental and community impacts had been adequately assessed and mitigated. The Warden concluded that the application should be approved as it complied with the statutory requirements and did not pose significant harm to the environment or community. The Warden’s decision was based on the thoroughness of the risk assessment and the measures proposed to mitigate any potential impacts.

The final order was that the Mining Warden approved the Orica Kalgoorlie Reserve Site Agreement 2013, allowing Orica Australia Pty Ltd to proceed with the storage of explosives at the proposed site. The Warden's approval was subject to the conditions specified in the agreement, which included ongoing environmental monitoring and community engagement. This decision was made in accordance with the Mining Act 1978 (WA), ensuring that the site met all legal requirements for the safe and responsible storage of explosives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established