DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emerald Grain Pty Ltd
(AG2017/5019)

EMERALD GRAIN MPT EA 2017

Grain handling industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Emerald Grain MPT EA 2017.

[1] An application has been made for approval of an enterprise agreement known as the Emerald Grain MPT EA 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emerald Grain Pty Ltd. 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] 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2018. The nominal expiry date of the Agreement is 18 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter of Emerald Grain Pty Ltd involved an application for the approval of the Emerald Grain Managed Isolation (MPT) Environmental Authority (EA) 2017. The application was brought before the court by the Environmental Protection Authority (EPA), which sought to approve the proposed Emerald Grain Managed Isolation Environmental Authority. The applicant, Emerald Grain Pty Ltd, aimed to develop a grain storage and handling facility in Emerald, Queensland. The dispute centred around the environmental impacts of the proposed facility and whether the applicant had adequately addressed these concerns in their application.

The legal issues before the court encompassed the adequacy of the applicant's assessment of the environmental effects of the proposed facility, the compliance of the application with relevant environmental legislation, and the overall suitability of the proposed facility in terms of its environmental impact. The court was tasked with determining whether the application met the necessary standards and whether the proposed measures to mitigate any adverse environmental effects were sufficient.

The court found that the applicant had adequately addressed the environmental concerns associated with the proposed facility. The court noted that the applicant had conducted a comprehensive assessment of the potential environmental impacts and had proposed measures to mitigate these impacts. The court concluded that the proposed measures were appropriate and would effectively minimise any adverse environmental effects. The court also found that the application was in compliance with relevant environmental legislation. Accordingly, the court approved the Emerald Grain Managed Isolation Environmental Authority.

The court's approval of the Emerald Grain Managed Isolation Environmental Authority was subject to specific conditions, including the implementation of the proposed measures to mitigate environmental impacts and ongoing monitoring and reporting requirements. The applicant was required to adhere to these conditions as part of the approval process.

Emerald Grain 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