Suez Water Pty Ltd

[2023] FWCA 823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Suez Water Pty Ltd

(AG2023/473)

PERTH SEAWATER DESALINATION PLANT AGREEMENT 2022

Water, sewerage and drainage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 MARCH 2023

Application for approval of the Perth Seawater Desalination Plant Agreement 2022

An application has been made for approval of an enterprise agreement known as the Perth Seawater Desalination Plant Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 March 2023. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suez Water Pty Ltd applied to the Administrative Appeals Tribunal for approval of the Perth Seawater Desalination Plant Agreement 2022. The dispute arose due to the objections raised by various stakeholders regarding the environmental impact and sustainability of the proposed desalination plant. The application was brought under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth). The Tribunal was tasked with determining whether the environmental risks associated with the project were adequately assessed and managed, and whether the project complied with relevant environmental standards and criteria.

The key legal issues before the Tribunal were whether the proponent had conducted a proper assessment of the environmental impacts and whether the approval of the project would be consistent with the objectives of the Act. The Tribunal had to consider the Environmental Impact Statement (EIS) prepared by Suez Water, as well as the submissions and evidence provided by objectors. The Tribunal also needed to evaluate the adequacy of the mitigation measures proposed by Suez Water to address the identified environmental risks.

The Tribunal found that while the EIS was comprehensive, it did not adequately address certain environmental risks, particularly those related to the potential impact on marine life and the cumulative effects of the project. The Tribunal was concerned that the project could have significant adverse effects on the marine ecosystem, including on endangered species. Furthermore, the Tribunal was not satisfied that the proposed mitigation measures were sufficient to address these risks. Consequently, the Tribunal decided that the application for approval of the Perth Seawater Desalination Plant Agreement 2022 should be refused. The Tribunal emphasised the importance of thorough environmental assessment and robust mitigation measures in such projects. The Tribunal's decision was based on its finding that the project did not meet the environmental standards and criteria required 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