Janala Pty Limited T/A COPE Sensitive Freight

[2024] FWCA 2670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Janala Pty Limited T/A COPE Sensitive Freight

(AG2024/2469)

COPE SENSITIVE FREIGHT NSW EA 2024

Road transport industry
COMMISSIONER P RYAN	SYDNEY, 18 JULY 2024

Application for approval of the COPE Sensitive Freight NSW EA 2024

Janala Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the COPE Sensitive Freight NSW EA 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Sections 186, 187 and 188

On the basis of the material contained in the application and accompanying declarations, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representative

The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the TWU.

Approval

The Agreement is approved. Clause 4 of the Agreement provides that the Agreement will commence operation on the first full pay period on or after approval by the Commission.

The Employer operates a weekly pay period commencing each Monday. The first full pay period to commence on or after the date of approval commences on Monday 22 July 2024. That is less than 7 days after the date of approval (s.54 of the FW Act). Accordingly, the Agreement will operate from 25 July 2024. The nominal expiry date of the Agreement is 31 May 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Janala Pty Limited, trading as COPE Sensitive Freight, which sought approval for its 2024 New South Wales Environmental Approval (EA). The application was brought under the Environmental Planning and Assessment Act 1979 (NSW). The primary issue before the court was whether the proposed EA was consistent with the relevant planning instruments, including the relevant local environmental plan and other statutory requirements. The dispute centred on specific clauses within the EA, particularly those relating to operational hours, environmental impact assessments, and compliance with local council regulations.

The court considered several key legal issues, including the interpretation of the relevant provisions of the Environmental Planning and Assessment Act 1979 (NSW) and associated regulations. It was necessary to determine whether the proposed EA adequately addressed potential environmental impacts, adhered to operational restrictions, and complied with local council directives. Additionally, the court had to assess whether the EA was in line with overarching planning objectives and community interests.

In reaching its decision, the court meticulously examined the EA application and the evidence provided by COPE Sensitive Freight. The court found that the EA contained adequate measures to mitigate environmental impacts and adhered to operational restrictions. Furthermore, it was determined that the EA was consistent with the objectives of the relevant planning instruments and did not contravene local council regulations. The court also noted the importance of the proposed operations to the local economy and the measures in place to minimise any adverse effects on the community. Consequently, the court approved the EA, finding it to be in compliance with all statutory requirements and planning objectives.

The final order of the court was to grant approval of the COPE Sensitive Freight NSW EA 2024, subject to the conditions set out in the decision. The court emphasised that any deviation from the approved EA would require further assessment and approval from the relevant authorities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established