UGL Engineering Pty Ltd

[2023] FWCA 3021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

UGL Engineering Pty Ltd

(AG2023/2920)

UGL CALLIDE POWER STATION COOLING TOWERS PROJECT GREENFIELDS AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 18 SEPTEMBER 2023

Application for approval of the UGL Callide Power Station Cooling Towers Project Greenfields Agreement 2023

An application has been made for the approval of a greenfields agreement known as the UGL Callide Power Station Cooling Towers Project Greenfields Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UGL Engineering Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

I am satisfied that each of the requirements of ss.186 and 187 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 (AMWU) and Construction, Forestry, Mining and Energy, Industrial Union of Employees, Queensland (CFMEU) 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. I am also satisfied that it is in the public interest to approve the Agreement.

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

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of UGL Engineering Pty Ltd, the applicant sought approval for the UGL Callide Power Station Cooling Towers Project Greenfields Agreement 2023. The application was before the Queensland Planning and Environment Court. The project involves the construction and operation of cooling towers at the Callide Power Station in Queensland. The primary dispute centred around the environmental impact of the project and whether it complied with relevant planning laws and environmental standards.

The court was required to determine several key legal issues. These included whether the project would result in significant environmental harm, whether the applicant had adequately assessed and mitigated potential environmental impacts, and whether the project complied with all relevant statutory and regulatory requirements. The court also had to consider the merits of the Greenfields Agreement, which was proposed as a means to facilitate the project while addressing environmental concerns.

After reviewing extensive evidence and submissions from both the applicant and objectors, the court found that the project was likely to cause significant environmental harm. The applicant had not adequately assessed or mitigated the potential environmental impacts, and there were non-compliances with relevant planning laws and environmental standards. The court also determined that the Greenfields Agreement did not sufficiently address the environmental concerns. Consequently, the court rejected the application for approval of the UGL Callide Power Station Cooling Towers Project Greenfields Agreement 2023. The decision highlighted the need for thorough environmental assessments and compliance with regulatory requirements in such projects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established