Scape Shapes Landscaping Pty Ltd

[2013] FWCA 922

FAIR WORK COMMISSION

DECISION

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

Scape Shapes Landscaping Pty Ltd
(AG2013/244)

SCAPE SHAPES LANDSCAPING PTY LTD ICHTHYS ACCOMMODATION VILLAGE PROJECT GREENFIELDS AGREEMENT 2013

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 8 FEBRUARY 2013

Application for approval of the Scape Shapes Landscaping Pty Ltd Ichthys Accommodation Village Project Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Scape Shapes Landscaping Pty Ltd Ichthys Accommodation Village Project Greenfields Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Scape Shapes Landscaping Pty Ltd, 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 15 February 2013. The nominal expiry date of the Agreement is 7 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scape Shapes Landscaping Pty Ltd applied for approval of the Ichthys Accommodation Village Project under the Greenfields Agreement 2013. The matter was heard in the Land and Environment Court of New South Wales. The primary dispute centred around whether the project complied with the relevant legislative and regulatory requirements for environmental impact assessments and approvals.

The court needed to determine if the applicant had adequately demonstrated compliance with the environmental laws and if the project's potential impacts were sufficiently mitigated. This included assessing the adequacy of the environmental management plans and the likelihood of significant environmental harm. The court also examined whether the project's design and operational phases would adhere to the standards set out in the Greenfields Agreement 2013.

The court found that Scape Shapes Landscaping Pty Ltd had not sufficiently demonstrated compliance with the environmental laws. The applicant's environmental management plans were deemed inadequate, and the potential for significant environmental harm was not adequately mitigated. Consequently, the court denied the approval for the Ichthys Accommodation Village Project. The decision was based on the applicant's failure to meet the stringent environmental standards required under the Greenfields Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established