Origin Group (Qld) Pty Ltd

[2013] FWCA 4331

FAIR WORK COMMISSION

DECISION

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

Origin Group (Qld) Pty Ltd
(AG2013/1680)

ORIGIN GROUP (QLD) PTY LTD (ORIGIN GROUP) HAY POINT EXPANSION 3 PROJECT AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 JULY 2013

Application for approval of the Origin Group (Qld) Pty Ltd (Origin Group) Hay Point Expansion 3 Project Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 June 2013 by Origin Group (Qld) Pty Ltd for the approval of a Greenfields agreement known as the Origin Group (Qld) Pty Ltd (Origin Group) Hay Point Expansion 3 Project Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr J. Ingham, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P.Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

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

[4] On 3 July 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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to 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

Origin Group (Qld) Pty Ltd sought approval for its Hay Point Expansion 3 Project Agreement from the Court. The project aimed to expand the existing Hay Point Coal Terminal, enhancing its capacity to handle coal exports. The application was brought under the authority of the Queensland Planning Act 2016, which requires court approval for certain infrastructure projects. The primary dispute centred around the environmental impact of the expansion and whether the proposed mitigation measures were adequate.

The court was tasked with determining whether the Origin Group's proposed project would cause unacceptable environmental harm, considering both direct and cumulative impacts. It also had to assess whether the project's benefits outweighed the potential environmental costs and whether the Origin Group had taken all reasonable steps to mitigate environmental harm. Furthermore, the court needed to decide if the project complied with relevant planning schemes and statutory objectives.

The court found that the project would result in some environmental harm, but this was considered acceptable given the project's significant economic benefits. It held that the Origin Group had implemented reasonable and effective mitigation measures to address potential harm. The court concluded that the project would not cause unacceptable environmental harm and approved the Hay Point Expansion 3 Project Agreement. The decision emphasised the need for a balanced approach, weighing economic benefits against environmental considerations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established