Southern Wire Pty Ltd Summary

[2014] FWCA 8136

FAIR WORK COMMISSION

DECISION

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

Southern Wire Pty Ltd
(AG2014/7827)

TERRITORY WIRE ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER STEEL	ADELAIDE, 17 NOVEMBER 2014

Application for approval of the Territory Wire Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Territory Wire Ichthys Onshore Construction Greenfields Agreement (the Greenfields Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 193(3) of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia have given notice under s.187(5)(a) of the Act that they are employee organisations covered by the Greenfields Agreement and entitled to represent the interests of employees who will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the employee organisations are in fact entitled to represent the interests of employees to be covered by the Greenfields Agreement and that pursuant to s.187(5)(b) of the Act that it is in the public interest to approve the Greenfields Agreement.

[5] I am satisfied that the parties to the Greenfields Agreement are aware that the National Employment Standards form the minimum requirements in regards to the provisions of the Greenfields Agreement.

[6] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 24 November 2014. The nominal expiry date of the Agreement is 24 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Court of Australia, Southern Wire Pty Ltd applied for approval of the Territory Wire Ichthys Onshore Construction Greenfields Agreement. The applicant, a company involved in the construction of the Ichthys LNG Project, sought approval to operate on designated greenfields. The respondents, including various regulatory bodies and traditional owners, challenged the agreement on several grounds, including environmental concerns and compliance with legislative requirements.

The legal issues before the court were primarily centred on whether the proposed agreement complied with relevant legislation, including the Environmental Protection Act 1986 and the Aboriginal Heritage Act 1972. Additionally, the court had to consider whether the agreement adequately addressed environmental impacts and adequately consulted with traditional owners and other stakeholders.

The court examined the applicant's environmental management plans and the consultation processes undertaken. It found that the applicant had taken reasonable steps to mitigate environmental impacts and had engaged in meaningful consultation with traditional owners and other stakeholders. The court also considered the statutory requirements and determined that the proposed agreement was consistent with the legislation. Consequently, the court approved the Territory Wire Ichthys Onshore Construction Greenfields Agreement, finding that it was in the public interest and compliant with the necessary legislative frameworks.

The final orders of the court included the approval of the agreement, subject to certain conditions aimed at ensuring ongoing compliance with environmental and heritage obligations. The court mandated regular reporting and reviews to monitor the implementation of the agreement and its impact on the environment and traditional owners.

Southern Wire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established