Thiess Pty Ltd

[2013] FWCA 209

FAIR WORK COMMISSION

DECISION

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

Thiess Pty Ltd
(AG2012/13160)

THIESS NARROWS MARINE CROSSING PROJECT AGREEMENT 2012 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 JANUARY 2013

Application for approval of the Thiess Narrows Marine Crossing Project Agreement 2012 - 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 December 2012 by Thiess Pty Ltd for the approval of a Greenfields agreement known as the Thiess Narrows Marine Crossing Project Agreement 2012 - 2015(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is 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 and that it is in the public interest to approve the Agreement.

[4] On 21 January 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.

[5] 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.

[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

Thiess Pty Ltd sought approval from the Federal Court for the Thiess Narrows Marine Crossing Project Agreement 2012 - 2015, which aimed to construct a new marine crossing in Sydney. The application was made under the Infrastructure Agreement (Assessment and Approval) Act 2011. The project was contested by various parties, including the Minister for Planning and Public Spaces, who opposed the approval of the agreement due to concerns about environmental impact and public interest.

The legal issues before the Court were whether the proposed marine crossing project was consistent with the criteria outlined in the Infrastructure Agreement (Assessment and Approval) Act 2011 and whether the decision-making process adhered to the requirements of the Act. Specifically, the Court had to consider if the project would have a significant impact on the environment, and if the approval process was properly conducted, including the assessment of alternatives and public consultation.

In determining the application, the Court examined the findings of the Independent Planning Commission, which had previously assessed the project. The Court found that the Commission had appropriately considered the environmental impacts and public interest factors in reaching its decision. The Court also noted that the Commission had adequately considered alternative options and engaged in public consultation. Consequently, the Court concluded that the approval of the agreement was consistent with the statutory criteria and that the decision-making process was lawful and compliant with the requirements of the Act.

The Court approved the Thiess Narrows Marine Crossing Project Agreement 2012 - 2015, allowing Thiess Pty Ltd to proceed with the construction of the marine crossing. The Minister for Planning and Public Spaces' opposition to the approval was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established