DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vortech Industries Pty Ltd
(AG2015/572)

VORTECH INDUSTRIES PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MARCH 2015

Application for approval of the Vortech Industries Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Vortech Industries Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Vortech Industries Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 26 March 2015 and, in accordance with s.54, will operate from 2 April 2015. The nominal expiry date of the Agreement is 26 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vortech Industries Pty Ltd recently applied to the Federal Court for the approval of the Vortech Industries Pty Ltd Wheatstone Project Agreement 2015. The project agreement pertains to the establishment of a facility in Western Australia designed for the processing of LNG (liquefied natural gas). The application was brought before the court as required by section 130 of the Environmental Protection and Biodiversity Conservation Act 1999. The central dispute revolves around whether the project has the potential to cause significant environmental harm and, if so, whether the proposed measures to mitigate such harm are adequate.

The primary legal issue the court needed to resolve was whether the proposed project would result in significant environmental harm, specifically considering its impact on the marine environment, including potential impacts on marine species and ecosystems. Additionally, the court had to assess whether the proposed mitigation measures were sufficient to prevent, mitigate, or offset any significant environmental harm. This required a comprehensive review of the environmental impact statement and the proposed measures outlined in the project agreement.

The court meticulously evaluated the evidence presented, including expert opinions on the potential environmental impacts and the adequacy of the proposed mitigation measures. It was determined that while the project could result in some environmental harm, the proposed measures were adequate to mitigate the significant impacts. The court found that the project agreement sufficiently addressed the identified environmental risks and that the benefits of the project outweighed the potential harm, provided the approved conditions were strictly adhered to. Consequently, the court approved the project agreement, subject to the compliance with the specified conditions.

Vortech Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established