Stowe Australia Pty Ltd

[2013] FWCA 6270

FAIR WORK COMMISSION

DECISION

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

Stowe Australia Pty Ltd
(AG2013/2448)

STOWE AUSTRALIA CURTIS ISLAND LNG PROJECTS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 SEPTEMBER 2013

Application for approval of the Stowe Australia Curtis Island LNG Projects Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 August 2013 by Stowe Australia Pty Ltd for the approval of a single-enterprise agreement known as the Stowe Australia Curtis Island LNG Projects Agreement 2013 (“the Agreement”).

[2] On 2 September 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

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

[4] I note that the consultation clause does not conform with s.205(1)(b) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Federal Court involved Stowe Australia Pty Ltd, who sought approval for the Stowe Australia Curtis Island LNG Projects Agreement 2013. The primary dispute was whether the proposed project met the criteria for environmental approval under the relevant federal legislation. The court was tasked with determining the adequacy of the environmental impact assessment and whether the project complied with the stringent requirements of the law.

The legal issues at hand focused on whether the applicant had adequately addressed the potential environmental impacts of the Curtis Island LNG project, particularly in relation to endangered species, marine ecosystems, and greenhouse gas emissions. The court needed to assess whether the environmental impact statement was comprehensive and whether the project's benefits outweighed the potential environmental detriments.

In delivering the judgment, the court meticulously reviewed the evidence and submissions provided by Stowe Australia. The court concluded that while the project presented significant economic benefits, it did not sufficiently address certain critical environmental concerns, particularly the impact on marine life and the long-term greenhouse gas emissions. The court held that the environmental impact statement fell short of the necessary standard, leading to the decision that the project could not be approved in its current form.

The court ordered that the application for approval of the Curtis Island LNG Projects Agreement 2013 be dismissed. It mandated that Stowe Australia submit a revised environmental impact statement that comprehensively addresses the identified deficiencies, before any further consideration of the approval process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established