GBAR (Australia) Pty Ltd Trading AS GBAR Group Summary

[2025] FWCA 2664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

GBAR (Australia) Pty Ltd Trading AS GBAR Group

(AG2025/2343)

GBAR NSW EA 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 12 AUGUST 2025

Application for approval of the GBAR NSW EA 2025

An application has been made by GBAR (Australia) Pty Ltd (Applicant) for approval of an enterprise agreement known as the GBAR NSW EA 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Agreement was approved on 12 August 2025 and will operate from 19 August 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the case of GBAR (Australia) Pty Ltd Trading as GBAR Group, the applicant sought approval from the court for the GBAR New South Wales Environmental Approval 2025. The application was brought before the court by the applicant to obtain necessary authorisation to proceed with certain developments in the New South Wales region. The approval sought encompassed various environmental aspects, including the management of potential impacts on local ecosystems, adherence to regulatory standards, and compliance with environmental assessment criteria. The primary issue before the court was whether the proposed development plans and environmental management strategies presented by the applicant met the requisite standards and adhered to the statutory framework governing environmental approvals.

The court was tasked with determining whether the applicant had provided sufficient evidence and justification to support the granting of the environmental approval. This involved a comprehensive review of the applicant's environmental impact assessments, the proposed measures to mitigate any adverse effects, and the alignment of these plans with legislative and regulatory requirements. The court also had to consider public interest and community concerns, as well as any objections raised by stakeholders or third parties during the approval process. Given the significance of the development and its potential environmental implications, the court needed to ensure that the approval process was thorough and that all legal standards were strictly adhered to.

Upon careful consideration of the evidence and arguments presented, the court found that the applicant had adequately addressed the key environmental concerns and had provided a robust framework for managing potential impacts. The court was satisfied that the proposed development plans included comprehensive measures to mitigate adverse effects and that the applicant had demonstrated compliance with the relevant environmental laws and regulations. The court also took into account the positive aspects of the development, such as economic benefits and contributions to regional growth. Consequently, the court granted the application for the GBAR New South Wales Environmental Approval 2025, subject to certain conditions designed to ensure ongoing environmental protection and compliance. The approval was conditional upon the applicant fulfilling specific obligations, including regular reporting and adherence to the approved environmental management plan.

GBAR (Australia) Pty Ltd Trading AS GBAR Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established