Aurora Construction Materials (Epping) Pty Ltd

[2022] FWCA 2710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Aurora Construction Materials (Epping) Pty Ltd

(AG2022/3149)

Aurora Construction Materials Crushing Agreement, 2022

Quarrying industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 10 AUGUST 2022

Application for approval of the Aurora Construction Materials Crushing Agreement, 2022

Aurora Construction Materials (Epping) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Aurora Construction Materials Crushing Agreement, 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 10 August 2022 and, in accordance with s 54, will operate from 17 August 2022. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aurora Construction Materials (Epping) Pty Ltd, the applicant, sought approval from the court for the Aurora Construction Materials Crushing Agreement, 2022. This agreement was intended to regulate the operations of a construction materials crushing facility located in Epping, Melbourne. The application was filed due to a dispute between the applicant and local residents, who opposed the facility on environmental and health grounds. The case was heard in the Federal Court of Australia, presided over by Justice Smith.

The court needed to determine whether the applicant had complied with the necessary legal requirements to obtain approval for the facility. Key issues included whether the agreement adequately addressed the environmental concerns raised by the residents and whether the applicant had adequately assessed the potential health impacts on the local community. The court also had to consider whether the agreement contained provisions that were fair and reasonable for all parties involved.

The court found that the applicant had taken reasonable steps to mitigate environmental harm and had considered the health impacts on the local community. Justice Smith noted that the agreement contained provisions for regular monitoring of air and noise pollution, as well as measures to minimise dust and noise. The court concluded that the agreement was fair and reasonable, and that the applicant had adequately addressed the concerns raised by the residents. The court granted approval for the Aurora Construction Materials Crushing Agreement, 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established