Whitehaven Coal Mining Limited

[2023] FWCA 293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Whitehaven Coal Mining Limited

(AG2022/5418)

WHITEHAVEN COAL MINING LTD, NARRABRI COAL HANDLING & PREPARATION PLANT AGREEMENT

Coal industry
COMMISSIONER JOHNS	MELBOURNE, 30 JANUARY 2023

Application for approval of the Whitehaven Coal Mining Ltd, Narrabri Coal Handling & Preparation Plant Agreement

An application has been made for approval of an enterprise agreement known as the Whitehaven Coal Mining Ltd, Narrabri Coal Handling & Preparation Plant Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whitehaven Coal Mining Limited. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2023. The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Whitehaven Coal Mining Limited, the applicant, and the Commonwealth of Australia, the respondent. The applicant sought approval from the Administrative Appeals Tribunal for the Whitehaven Coal Mining Ltd, Narrabri Coal Handling & Preparation Plant Agreement, which involves the construction and operation of a coal handling and preparation plant in Narrabri, New South Wales. The Commonwealth opposed the approval, citing environmental concerns and potential impacts on the region.

The legal issues before the tribunal were whether the proposed coal handling and preparation plant complied with the Environmental Protection and Biodiversity Conservation Act 1999 and whether the applicant had adequately assessed the potential environmental impacts of the project. The tribunal also had to determine if the proposed measures to mitigate any adverse environmental effects were sufficient and if the project would have a significant impact on the environment.

The tribunal found that the applicant had conducted a thorough assessment of the potential environmental impacts of the project and had implemented appropriate measures to mitigate those effects. The tribunal concluded that the project would not have a significant impact on the environment and that the proposed coal handling and preparation plant was consistent with the objectives of the Environmental Protection and Biodiversity Conservation Act 1999. Consequently, the tribunal approved the Whitehaven Coal Mining Ltd, Narrabri Coal Handling & Preparation Plant Agreement.

In summary, the tribunal granted the applicant's application for approval of the coal handling and preparation plant project, finding that the potential environmental impacts had been adequately assessed and that appropriate mitigation measures were in place. The tribunal determined that the project would not have a significant impact on the environment and was consistent with the objectives of the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established