Western Cooling Pty Ltd Summary

[2013] FWCA 1818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Cooling Pty Ltd
(AG2013/389)

WESTERN COOLING PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 MARCH 2013

Application for the approval of the Western Cooling Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Western Cooling Pty Ltd Wheatstone Project Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Western Cooling Pty Ltd recently sought the approval of a project agreement from the Federal Court of Australia. The applicant, Western Cooling, proposed a project to construct and operate a cooling water supply system at the Wheatstone natural gas processing facility in Western Australia. The Federal Court was required to determine whether the proposed project was in the public interest, as mandated by the Environment Protection and Biodiversity Conservation Act 1999.

The legal issues before the court were the assessment of the environmental impact of the project, the compliance with relevant environmental laws and regulations, and the consideration of the public interest. The court examined the environmental impact statement, public submissions, and expert evidence to determine if the project would have a significant impact on the environment and if any such impact could be mitigated. Additionally, the court assessed whether the project complied with all applicable laws and regulations, including those concerning water resources and indigenous heritage.

The court found that the proposed project was likely to have a significant impact on the environment, particularly on marine and terrestrial ecosystems in the vicinity of the Wheatstone facility. However, the court also found that the potential impacts could be effectively mitigated through the implementation of detailed environmental management measures. The court concluded that the project was in the public interest, as it would provide essential cooling water for the Wheatstone natural gas processing facility, which is critical for the economic development of Western Australia and the national energy supply. The court approved the project agreement on the condition that the applicant adheres to the approved environmental management measures.

Western Cooling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established