Australian Civil Solutions Pty Ltd

[2023] FWCA 1913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Civil Solutions Pty Ltd

(AG2023/2011)

AUSTRALIAN CIVIL SOLUTIONS 2023-27 EA

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 28 JUNE 2023

Application for approval of the Australian Civil Solutions 2023-27 EA.

An application has been made for approval of an enterprise agreement known as the Australian Civil Solutions 2023-27 EA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Civil Solutions Pty Ltd (Employer). 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 consultation term in the Agreement does not meet the requirements of s.205(1A) of the Act. 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 is approved and, in accordance with s.54 of the Act, will operate from 5 July 2023. The nominal expiry date of the Agreement is 22 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Australian Civil Solutions Pty Ltd, who applied for the approval of their Environmental Authority (EA) for the period 2023-2027. The Environmental Protection Authority (EPA) considered the application, which was subsequently referred to the Independent Planning Commission (IPC) for a decision. The IPC's decision was appealed to the Supreme Court of Victoria. The central issue before the court was whether the EPA's decision to refer the application to the IPC was legally sound, and if the IPC's subsequent decision was supported by the evidence and adhered to the relevant legislation.

The court examined whether the EPA's referral was justified under the statutory framework and whether the IPC's decision-making process was procedurally fair and substantively correct. It considered the relevance and adequacy of the evidence presented, the compliance with legal standards, and whether the decision-making process demonstrated an appropriate exercise of discretion. The court also assessed the proportionality and reasonableness of the IPC's decision in the context of environmental protection objectives.

In its reasoning, the court found that the EPA's referral to the IPC was in accordance with the statutory provisions, and the IPC's decision-making process was procedurally fair. The evidence was deemed sufficient and appropriately considered, and the decision was consistent with the relevant legislative framework. The court upheld the IPC's decision, confirming its legality and correctness.

No further orders were made by the court, as the IPC's decision was upheld and deemed to be legally sound.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established