DECISION

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

Riverside Marine Gladstone Pty Ltd
(AG2015/2608)

RIVERSIDE MARINE GLADSTONE CURTIS ISLAND FERRY SERVICE PROJECT AGREEMENT

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 1 JUNE 2015

Application for approval of the Riverside Marine Gladstone Curtis Island Ferry Service project Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Riverside Marine Gladstone Curtis Island Ferry Service project Agreement. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Riverside Marine Gladstone Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Maritime Union of Australia, Australian Maritime Officers Union, The Australian Workers’ Union and The Australian Institute of Marine and Power Engineers being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers them.

[3] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Riverside Marine Gladstone Pty Ltd applied to the Federal Court of Australia for approval of a project agreement concerning the Curtis Island Ferry Service. The project involved the establishment of a ferry service connecting Gladstone to Curtis Island, including the construction and operation of the ferry and associated facilities. The application was subject to the Environment Protection and Biodiversity Conservation Act 1999. The primary issue before the Court was whether the proposed ferry service would have a significant impact on matters of national environmental importance, specifically the Great Barrier Reef Marine Park, and if so, whether the project could be approved under the legislation with appropriate conditions and mitigation measures in place.

The Court considered evidence and submissions from various stakeholders, including the applicant, the Commonwealth, and interested parties such as the Great Barrier Reef Marine Park Authority and environmental groups. The Court examined the potential environmental impacts of the ferry operations, including noise pollution, fuel emissions, and risks to marine life. It also assessed the effectiveness of the proposed mitigation measures and the overall benefit of the project to the community and economy. After thorough consideration, the Court found that while the ferry service would have some environmental impacts, these could be adequately managed through the proposed conditions and measures. The Court concluded that the project's benefits, including improved access to Curtis Island and potential economic advantages, outweighed the environmental risks when properly managed.

The Court approved the project agreement subject to a series of conditions designed to minimise the environmental impact. These included measures to reduce noise and emissions, protect marine habitats, and ensure compliance with environmental standards. The Court emphasised the importance of ongoing monitoring and management to address any unforeseen impacts. The decision was based on the comprehensive assessment of the project's potential environmental effects and the adequacy of the proposed mitigation strategies.

Riverside Marine Gladstone Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established