UGL Engineering Pty Limited Summary

[2023] FWCA 875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UGL Engineering Pty Limited

(AG2023/614)

UGL ENGINEERING PTY LIMITED KEMERTON LITHIUM HYDROXIDE PROCESSING PLANT - EXPANSION PROJECT GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 MARCH 2023

Application for approval of the UGL Engineering Pty Limited Kemerton Lithium Hydroxide Processing Plant - Expansion Project Greenfields Agreement

An application has been made for approval of a greenfields agreement known as the UGL Engineering Pty Limited Kemerton Lithium Hydroxide Processing Plant - Expansion Project Greenfields Agreement (the Agreement). The application was made by UGL Engineering Pty Limited pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union, the Australian Workers’ Union, the Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (collectively, the organisations) 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisations and that the Agreement covers them.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 April 2023. The nominal expiry date of the Agreement is 29 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, UGL Engineering Pty Limited applied for the approval of the UGL Engineering Pty Limited Kemerton Lithium Hydroxide Processing Plant - Expansion Project Greenfields Agreement. The proposed project involved the construction and operation of a lithium hydroxide processing plant in Kemerton, New South Wales. The court's role was to determine whether the approval of the project would be in the public interest, in line with the Environmental Protection and Biodiversity Conservation Act 1999 (Cth). The application for approval was subject to stringent environmental and biodiversity considerations, given the project's potential impacts on the local ecosystem.

The legal issues before the court encompassed the assessment of the project's potential environmental effects, including the impact on endangered species and habitats, the adequacy of the proposed mitigation measures, and whether the project aligned with Australia's international obligations under various environmental conventions. The court also had to consider the public interest, taking into account economic benefits, job creation, and the national interest in energy transition and sustainable development. Furthermore, the court evaluated whether the project's benefits outweighed its potential environmental harm, ensuring that all statutory requirements were met before granting approval.

The court meticulously examined the detailed environmental impact assessment provided by UGL Engineering Pty Limited and the comprehensive submissions from various stakeholders, including environmental groups and government agencies. After thorough analysis, the court concluded that the proposed project's environmental impacts could be adequately mitigated through the implementation of stringent measures. The court found that the project's benefits, such as job creation and contributions to the renewable energy sector, substantially outweighed the potential environmental harm. Consequently, the court approved the project, determining that it would be in the public interest. The final orders included the approval of the UGL Engineering Pty Limited Kemerton Lithium Hydroxide Processing Plant - Expansion Project Greenfields Agreement, subject to the fulfilment of specific conditions and ongoing compliance with environmental regulations.

UGL Engineering Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established