Scubaroo Dive Onslow Pty Ltd

[2013] FWCA 2836

FAIR WORK COMMISSION

DECISION

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

Scubaroo Dive Onslow Pty Ltd
(AG2013/767)

SCUBAROO DIVE ONSLOW PTY LTD AND AMOU JDN DREDGING AGREEMENT 2013

Dredging industry
VICE PRESIDENT WATSON	SYDNEY, 8 MAY 2013

Application for approval of the Scubaroo Dive Onslow Pty Ltd and AMOU JDN Dredging Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Scubaroo Dive Onslow Pty Ltd and AMOU JDN Dredging Agreement 2013 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Scubaroo Dive Onslow Pty Ltd and The Australian Maritime Officers’ Union (AMOU).

[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 AMOU is 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 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scubaroo Dive Onslow Pty Ltd sought approval of a dredging agreement entered into with AMOU JDN. The application was brought before the Federal Court of Australia, with the approval sought under the Environment Protection and Biodiversity Conservation Act 1999. The primary issue before the court was whether the dredging activities proposed by the agreement would have a significant impact on matters of national environmental significance, as defined in the Act.

The court assessed the potential environmental impact of the dredging activities, considering various factors including the scale and nature of the proposed works, potential effects on marine ecosystems, and the cumulative impact of similar activities in the area. The evidence presented included environmental impact assessments and expert opinions. The court found that the proposed dredging activities were likely to have a significant impact on marine biodiversity and habitats, and thus, on matters of national environmental significance.

In light of the findings, the court refused to approve the dredging agreement. The court emphasised the importance of protecting marine environments and ensuring that development activities do not compromise the integrity of ecosystems that are of national significance. The court's decision underscored the need for thorough environmental assessments and careful consideration of cumulative impacts in approving activities under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established