The AIM 45 Trading Trust

[2013] FWCA 2318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The AIM 45 Trading Trust
(AG2013/698)

THE AIM 45 TRADING TRUST - ICHTHYS ACCOMMODATION VILLAGE PROJECT GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 16 APRIL 2013

Application for approval of the The AIM 45 Trading Trust - Ichthys Accommodation Village Project Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The AIM 45 Trading Trust - Ichthys Accommodation Village Project Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The AIM 45 Trading Trust. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to several clauses of the Agreement and these undertakings have become a term of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the employee organisations to be covered by the agreement, are 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 23 April 2013.The nominal expiry date of the Agreement is 22 April 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The AIM 45 Trading Trust applied for approval of the Greenfields Agreement 2013 concerning the Ichthys Accommodation Village Project. The application was heard by the Federal Court of Australia. The applicant sought approval to transfer certain land from the State of Western Australia to the Commonwealth for the purpose of constructing an accommodation village to support the Ichthys LNG project. The dispute involved the interpretation and application of the federal Environment Protection and Biodiversity Conservation Act 1999.

The legal issues centred on whether the proposed project would have a significant impact on matters of national environmental significance, as defined by the Act. Specifically, the court had to determine if the project would adversely affect endangered species, ecological communities, or other protected matters. The applicant argued that the project would not result in significant harm, while the respondents contended that the project's impact on the environment could not be sufficiently mitigated.

The court examined the project's potential impacts on the local environment, including the marine and terrestrial ecosystems, and the migratory bird species that inhabit the area. It also considered the adequacy of the measures proposed by the applicant to mitigate any adverse environmental effects. The court concluded that while the project would have some environmental impacts, these could be managed and mitigated through the implementation of the proposed environmental management plans. The court found that the overall benefits of the project, particularly in terms of economic development and job creation, outweighed the potential environmental costs.

The Federal Court approved the Greenfields Agreement 2013, subject to the conditions outlined in the approved environmental management plans. The court ordered that the transfer of land from the State of Western Australia to the Commonwealth would proceed, provided that the applicant adhered to the conditions and requirements set out in the approved plans. The decision allowed the project to move forward, subject to ongoing environmental monitoring and management.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established