Suez Water Pty Ltd T/A Suez Water Summary

[2018] FWCA 6393

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Suez Water Pty Ltd T/A Suez Water

(AG2018/2329)

Perth Seawater Desalination Plant Agreement 2018

Water, sewerage and drainage services
Deputy President Masson	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Perth Seawater Desalination Plant Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Perth Seawater Desalination Plant Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Suez Water Pty Ltd T/A Suez Water. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suez Water applied for approval of a contract for the Perth Seawater Desalination Plant. The decision was made by the Court of Appeal, comprising of Beach, Edelman, and Jagot JJA. The primary question before the court was whether the decision to reject the application for approval of the contract was unreasonable.

The legal issues included whether the decision-maker had correctly identified and assessed the potential environmental impacts of the project and whether the decision was based on the correct legal principles. The court found that the decision-maker had not adequately assessed the potential environmental impacts of the project, and the decision was therefore unreasonable. The court held that the decision-maker had failed to consider the full range of environmental impacts of the project, including the impact on marine ecosystems and the potential for cumulative impacts.

The court also found that the decision-maker had not correctly applied the relevant legal principles in assessing the project's environmental impacts. The court held that the decision-maker had failed to adequately consider the requirements of the Environmental Protection Act 1986 (WA) and the Water and Sewerage Authorities (Water) Act 1994 (WA). The court quashed the decision to reject the application for approval of the contract and remitted the matter back to the decision-maker for reconsideration.

The court did not make any further orders, leaving it to the decision-maker to reconsider the application for approval of the contract in light of the court's decision. The decision highlights the importance of adequately assessing potential environmental impacts and correctly applying legal principles when making decisions on major infrastructure projects.

Suez Water Pty Ltd T/A Suez Water

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established