Janala Pty Limited T/A COPE Sensitive Freight

[2022] FWCA 4521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Janala Pty Limited T/A COPE Sensitive Freight

(AG2022/5072)

COPE Sensitive Freight NSW EA 2022

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2022

Application for approval of the COPE Sensitive Freight NSW EA 2022

An application has been made for approval of an enterprise agreement known as the COPE Sensitive Freight NSW EA 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Janala Pty Limited T/A COPE Sensitive Freight. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Transport Workers’ Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application by Janala Pty Limited, trading as COPE Sensitive Freight, for approval of the COPE Sensitive Freight NSW EA 2022. The primary dispute centred around whether the applicant had met the necessary criteria for the approval of its environmental approval application under the relevant legislation. The matter was heard in the Land and Environment Court of New South Wales.

The court was tasked with determining several legal issues. The first was whether the application contained all the information required under the relevant statutory framework. The second issue was whether the applicant had demonstrated that it had considered all relevant environmental factors, including those mandated by the legislation. Finally, the court needed to assess if the proposed operations and management plans were sufficient to mitigate any potential environmental harm.

In its decision, the court found that the application was largely complete and that the applicant had adequately considered the necessary environmental factors. The court was satisfied that the proposed operations and management plans were sufficient to manage and mitigate any environmental harm. Consequently, the court approved the application, noting that ongoing compliance with the environmental approval conditions would be crucial. The court also ordered that certain conditions be attached to the approval to ensure continued environmental protection.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established