John Holland Queensland Pty Limited

[2013] FWCA 9815

FAIR WORK COMMISSION

DECISION

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

John Holland Queensland Pty Limited
(AG2013/10377)

JOHN HOLLAND QUEENSLAND YEPPEN SOUTH PROJECT GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 DECEMBER 2013

Application for approval of the John Holland Queensland Yeppen South Project Greenfield Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 9 December 2013 by John Holland Queensland Pty Limited for the approval of a Greenfields agreement known as the John Holland Queensland Yeppen South Project Greenfield Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is 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] On 18 December 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] 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

John Holland Queensland Pty Limited sought approval of the John Holland Queensland Yeppen South Project Greenfield Agreement 2013 in the Queensland Civil and Administrative Tribunal (QCAT). The dispute involved a project agreement between John Holland and the local council, with concerns regarding the agreement's compliance with planning laws.

The primary legal issues before QCAT were whether the agreement complied with the statutory requirements of the Planning Act 2016, and if the process for approving the agreement was adequately followed. Additionally, the court needed to determine whether the agreement would result in a project that was in the public interest and aligned with the local planning scheme.

In its decision, QCAT examined the statutory framework and the process undertaken by the local council in approving the agreement. The Tribunal found that the agreement was in compliance with the statutory requirements and that the approval process was properly followed. It concluded that the project was in the public interest and aligned with the local planning scheme. Therefore, QCAT approved the John Holland Queensland Yeppen South Project Greenfield Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established