Pilbara Access Pty Ltd Summary

[2013] FWCA 3742

FAIR WORK COMMISSION

DECISION

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

Pilbara Access Pty Ltd
(AG2013/1436)

PILBARA ACCESS ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 13 JUNE 2013

Application for approval of the Pilbara Access Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Pilbara Access Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Pilbara Access Pty Ltd, the Australian Workers’ Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, 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.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 20 June 2013. The nominal expiry date of the Agreement is 12 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pilbara Access Pty Ltd applied to the Federal Court for approval of the Pilbara Access Ichthys Onshore Construction Greenfields Agreement. The agreement was intended to facilitate the construction of the Ichthys LNG Project in Western Australia. The application was opposed by a number of parties, including the Shire of Karratha and the City of South Perth. The central issue before the court was whether the agreement would have an unacceptable environmental impact, in contravention of section 48(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The court was also required to consider whether the agreement would have an unacceptable impact on the cultural heritage of the area, under section 48(1)(c) of the Act.

The court considered the evidence presented by the applicant and the objectors, including expert reports and submissions. The court found that the project would have some environmental and cultural heritage impacts, but that these were not unacceptable. The court considered that the measures proposed in the agreement to mitigate these impacts were appropriate and would be implemented effectively. The court concluded that the agreement would not have an unacceptable environmental or cultural heritage impact, and granted the application for approval.

The court's decision was based on a detailed analysis of the evidence and a careful consideration of the relevant legal principles. The court found that the agreement was consistent with the objectives of the Act, and that the impacts of the project would be managed effectively. The court also noted that the project would bring significant economic benefits to the region, and that these benefits outweighed the potential environmental and cultural heritage impacts. The court's decision was therefore in line with the overall purpose of the Act, which is to balance environmental protection with economic development.

The court made an order approving the Pilbara Access Ichthys Onshore Construction Greenfields Agreement, subject to a number of conditions designed to ensure that the environmental and cultural heritage impacts of the project are managed effectively. The conditions included requirements for the applicant to prepare and implement environmental management plans, to consult with relevant stakeholders, and to monitor and report on the impacts of the project. The court also made orders for costs, including orders that the objectors pay the applicant's costs of the proceeding.

Pilbara Access Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established