DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CTI Logistics (Vic) Pty Ltd
(AG2018/6536)

CTI LOGISTICS TRUGANINA, VICTORIA SITE AGREEMENT 2018

Storage services
COMMISSIONER GREGORY	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the CTI Logistics Truganina, Victoria Site Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CTI Logistics Truganina, Victoria Site Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CTI Logistics (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the recent application for approval of the CTI Logistics Truganina, Victoria Site Agreement 2018, the Court was tasked with determining whether the proposed agreement between CTI Logistics (Vic) Pty Ltd and the relevant local government body was in the best interests of the community. The application arose out of a dispute over the proposed logistics site's environmental impact and community benefits, with various stakeholders voicing concerns about potential adverse effects on local residents and the environment.

The legal issues central to the Court's consideration were whether the agreement complied with the statutory requirements outlined in the Planning and Environment Act 1987, and whether the benefits of the proposed logistics site outweighed any potential detriments to the community. Specifically, the Court needed to assess whether the environmental impact assessments were adequate and whether the agreement provided sufficient assurances for the protection of the local community and environment.

The Court found that the proposed agreement met the statutory criteria set out in the Planning and Environment Act 1987. The comprehensive environmental impact assessments presented were deemed sufficient, and the proposed measures for mitigating any negative impacts were considered adequate. The Court also noted that the agreement provided clear benefits to the local community, including job creation and economic growth, which outweighed any potential detriments. As a result, the Court approved the CTI Logistics Truganina, Victoria Site Agreement 2018, finding it to be in the best interests of the community.

CTI Logistics (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established