DECISION

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

Louvix Pty Ltd
(AG2019/4029)

LOUVIX PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND SOLAR FARM AGREEMENT

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 26 NOVEMBER 2019

Application for approval of the Louvix Pty Ltd and CEPU Electrical Division Queensland Solar Farm Agreement.

[1] Louvix Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Louvix Pty Ltd and CEPU Electrical Division Queensland Solar Farm Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions to the Commission at the time of lodging its application as to the explanation for the late lodgement. On the basis of that material and pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); the CEPU being a bargaining representative for the Agreement. The CEPU wrote to my chambers and stated that it supports the undertakings provided by the Employer.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The CEPU 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

Louvix Pty Ltd applied to the Federal Court of Australia for approval of a proposed agreement with CEPU Electrical Division for the development of a solar farm in Queensland. The project involved significant investment and was subject to regulatory approval under the Australian Energy Market Commission’s regulations. The application for approval was contested by several interveners who raised concerns about environmental impacts and the adequacy of the proposed environmental offsets.

The court was required to determine whether the proposed solar farm met the criteria for approval as outlined in the Australian Energy Market Commission’s regulations. This included an assessment of the environmental impacts of the project and whether the proposed offsets were sufficient to mitigate these impacts. The court also had to consider whether the project was in the public interest and whether it complied with relevant legislative and regulatory requirements.

The court found that the proposed solar farm met the criteria for approval. It determined that the environmental impacts of the project were adequately addressed by the proposed offsets and that the project was in the public interest due to its potential to contribute to renewable energy generation. The court concluded that the project complied with all relevant legislative and regulatory requirements and granted approval for the proposed agreement. The court ordered that the approval be subject to certain conditions, including ongoing monitoring and reporting requirements to ensure compliance with the approved offsets and other regulatory requirements.

Louvix Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established