DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Georgiou Group Pty Ltd T/A Georgiou Group
(AG2015/6913)

GEORGIOU GROUP VICTORIAN SUB-DIVISION & MINOR CIVIL WORKS AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JANUARY 2016

Application for approval of the Georgiou Group Victorian Sub-Division & Minor Civil Works Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Georgiou Group Victorian Sub-Division & Minor Civil Works Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Georgiou Group Pty Ltd T/A Georgiou Group. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2016. The nominal expiry date of the Agreement is 4 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Georgiou Group Pty Ltd, trading as Georgiou Group, which sought approval for the Georgiou Group Victorian Sub-Division & Minor Civil Works Agreement 2016. This agreement pertained to the approval of a sub-division and associated minor civil works. The dispute arose when the Minister for Planning decided to refuse consent to the proposed agreement, leading Georgiou Group to appeal this decision to the tribunal.

The central legal issue before the tribunal was whether the Minister’s refusal to consent to the agreement was unreasonable. This required a careful examination of the evidence presented, the statutory criteria outlined in the Planning and Environment Act 1987, and the principles of planning law. Specifically, the tribunal needed to assess whether the Minister's decision was based on a proper consideration of the relevant statutory provisions and whether there were any errors in the application of the law.

The tribunal considered various aspects of the application, including the merits of the proposed sub-division, compliance with planning schemes, and the impact on the surrounding environment and community. The tribunal found that the Minister’s decision was not unreasonable, as it was supported by substantial evidence and a proper application of the law. The tribunal noted that the proposed sub-division did not align with the planning objectives and could result in adverse environmental impacts. Therefore, the tribunal upheld the Minister’s decision and dismissed the appeal.

As a result of the tribunal's decision, Georgiou Group’s application for approval of the agreement was rejected. The tribunal's ruling stands, affirming the Minister's decision to refuse consent, and the appeal is dismissed.

Georgiou Group Pty Ltd T/A Georgiou Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established