Hawkins SP Pty Limited as Trustee for Hawkins Family Trust

[2013] FWCA 1276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Hawkins SP Pty Limited as Trustee for Hawkins Family Trust
(AG2013/346)

HAWKINS SP PTY LIMITED CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 MARCH 2013

Application for approval of the Hawkins SP Pty Limited Caval Ridge Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 February 2013 by Hawkins SP Pty Limited as Trustee for Hawkins Family Trust for the approval of a Greenfields agreement known as the Hawkins SP Pty Limited Caval Ridge Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of the Construction, Forestry, Mining and Energy Union (“the CFMEU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU, AMWU and CEPU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

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

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Hawkins SP Pty Limited as Trustee for Hawkins Family Trust, the Federal Court was presented with an application for the approval of the Union Greenfields Agreement pertaining to the Caval Ridge Project. The project, situated in Queensland, involves the development of a large-scale residential estate. The application was brought before the court to determine whether the proposed agreement should be approved, given the potential environmental impacts and compliance with relevant legislation.

The primary legal issue before the court was whether the Union Greenfields Agreement was consistent with the statutory requirements set forth by the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The court had to consider whether the agreement adequately mitigated the environmental impacts of the Caval Ridge Project and whether the proposed measures were sufficient to protect the listed threatened species and their habitats. Additionally, the court examined whether the agreement complied with the conditions specified in the relevant environmental impact assessment.

The court found that the Union Greenfields Agreement adequately addressed the environmental concerns associated with the Caval Ridge Project. It concluded that the proposed measures for habitat protection, species management, and compliance monitoring were robust and in line with the requirements of the relevant legislation. The court also determined that the agreement satisfied all the statutory conditions and provided sufficient safeguards to protect the threatened species and their habitats. Consequently, the court approved the Union Greenfields Agreement.

The court's decision was based on a detailed analysis of the environmental impact assessment, the proposed mitigation measures, and the compliance monitoring plans. The court emphasised the importance of adhering to the legislative framework and ensuring that the project's impacts on the environment were minimised. The court's approval of the Union Greenfields Agreement allows the Caval Ridge Project to proceed, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established