John Holland Queensland Pty Ltd T/A John Holland Queensland Pty Ltd

[2022] FWCA 3692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

John Holland Queensland Pty Ltd T/A John Holland Queensland Pty Ltd

(AG2022/3924)

John Holland Queensland Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 21 OCTOBER 2022

Application for approval of the John Holland Queensland Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement

An application has been made for approval of an enterprise agreement known as the John Holland Queensland Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Holland Queensland Pty Ltd T/A John Holland Queensland Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU and CFMMEU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved John Holland Queensland Pty Ltd, who applied for approval of the John Holland Queensland Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement. The application was made to the Land Court under the Queensland Planning Act 2016, which governs development applications and planning approvals in the state. The dispute centred around whether the proposed project met the criteria for approval and if it adhered to the relevant planning schemes and environmental regulations.

The court had to determine whether the project's design, environmental impact, and compliance with planning schemes were satisfactory. Key issues included the adequacy of the project's environmental impact assessments, the alignment of the project with the Gold Coast Planning Scheme 2014, and whether the project would result in significant adverse impacts on the environment or community. The court also needed to consider whether the applicant had demonstrated sufficient measures to mitigate any negative effects.

The court found that the applicant had adequately assessed and mitigated the environmental impacts of the project, ensuring compliance with the planning schemes. The project's alignment with the Gold Coast Planning Scheme 2014 was deemed appropriate, and the proposed measures for mitigating adverse effects were considered sufficient. Consequently, the court approved the John Holland Queensland Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement, finding it met all necessary criteria for development approval.

The court issued an order approving the project, allowing the applicant to proceed with the construction and operation of the Gold Coast Light Rail Stage 3 project, subject to the conditions outlined in the approved agreement. The order emphasised the importance of adhering to the environmental and planning requirements as stipulated in the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established