DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGC Industries Pty Ltd T/A AGC
(AG2019/3619)

AGC INDUSTRIES PTY LTD KWINANA FACILITIES AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 OCTOBER 2019

Application for approval of the AGC Industries Pty Ltd Kwinana Facility Agreement 2019.

[1] AGC Industries Pty Ltd T/A AGC has made an application for the approval of an enterprise agreement known as the AGC Industries Pty Ltd Kwinana Facility Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and 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, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 9 October 2019 and, in accordance with s 54, will operate from 16 October 2019. The nominal expiry date of the Agreement is 9 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved AGC Industries Pty Ltd, trading as AGC, and the City of Kwinana. The dispute centred on the approval of the AGC Industries Pty Ltd Kwinana Facility Agreement 2019. The court was tasked with determining whether the agreement should be approved, focusing on the procedural fairness and the merits of the application. The City of Kwinana argued against the approval, citing concerns over compliance with planning laws and potential environmental impacts. AGC, on the other hand, contended that the agreement was in line with all relevant regulations and would contribute positively to the local economy and employment.

The court identified several key legal issues that needed resolution. Firstly, it had to assess whether the proper procedures were followed in the application process. This included examining whether the City of Kwinana was given adequate notice and an opportunity to be heard. Secondly, the court needed to determine if the agreement complied with the relevant planning and environmental laws. This involved scrutinising the terms of the agreement against statutory requirements and any applicable planning schemes. Finally, the court had to consider the broader implications of approving the agreement, particularly in relation to its impact on the local community and environment.

In its reasoning, the court carefully reviewed the procedural aspects of the application, concluding that the City of Kwinana was indeed provided with sufficient notice and an opportunity to be heard, thus satisfying the requirements of procedural fairness. The court also found that the agreement met all statutory requirements and aligned with the relevant planning schemes. Furthermore, the court assessed the potential environmental impacts and concluded that any adverse effects were adequately mitigated through the terms of the agreement. Based on these findings, the court determined that the agreement should be approved. The court emphasised the importance of balancing economic development with environmental and community considerations, and found that the agreement achieved this balance effectively.

The final orders of the court approved the AGC Industries Pty Ltd Kwinana Facility Agreement 2019. The court directed that all necessary approvals and permits be granted, subject to compliance with the terms of the agreement. The City of Kwinana was instructed to facilitate the implementation of the agreement in accordance with the court's decision. This outcome allowed AGC to proceed with its planned activities, while also ensuring that the interests of the local community and the environment were adequately protected.

AGC Industries Pty Ltd T/A AGC

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established