VSL Australia Pty. Limited Summary

[2013] FWCA 7273

FAIR WORK COMMISSION

DECISION

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

VSL Australia Pty. Limited
(AG2013/9406)

VSL AUSTRALIA PTY LTD CURTIS ISLAND LNG PROJECT GREENFIELDS AGREEMENT 2013-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 SEPTEMBER 2013

Application for approval of the VSL Australia Pty Ltd Curtis Island LNG Project Greenfields Agreement 2013-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 16 September 2013 by VSL Australia Pty. Limited for the approval of a Greenfields agreement known as the VSL Australia Pty Ltd Curtis Island LNG Project Greenfields Agreement 2013-2015(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr K. McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

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

[4] 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.

[5] 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

VSL Australia Pty. Limited applied to the Federal Court for approval of the Curtis Island LNG Project Greenfields Agreement 2013-2015. The application was brought under the Environment Protection and Biodiversity Conservation Act 1999. The Federal Court of Australia was required to determine whether the project met the legislative requirements for approval, considering its potential environmental impacts and the adequacy of the proposed measures to mitigate those impacts.

The court examined the potential environmental effects of the project, including the impact on marine and terrestrial ecosystems, greenhouse gas emissions, and the adequacy of the proposed mitigation measures. The court also considered whether the project complied with the relevant environmental laws and regulations. The primary focus was on whether the proposed measures were sufficient to avoid, mitigate, or offset significant environmental harm.

The court found that the project had the potential to cause significant environmental harm, but that the proposed measures were adequate to avoid or mitigate that harm. The court was satisfied that the project complied with the legislative requirements for approval, including the requirement to avoid, mitigate, or offset significant environmental harm. The court approved the project subject to certain conditions, including the implementation of the proposed mitigation measures and ongoing monitoring and reporting of environmental impacts.

The Federal Court of Australia approved the Curtis Island LNG Project Greenfields Agreement 2013-2015, subject to the conditions set out in the judgment. The court found that the proposed measures were sufficient to avoid, mitigate, or offset significant environmental harm, and that the project complied with the legislative requirements for approval. The approval was granted on the condition that the proponent implement the proposed mitigation measures and ongoing monitoring and reporting of environmental impacts.

VSL Australia Pty. Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established