MRAEL Limited T/A MRAEL Limited

[2023] FWCA 1968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

MRAEL Limited T/A MRAEL Limited

(AG2023/2028)

MRAEL LIMITED SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 29 JUNE 2023

Application for approval of the MRAEL Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for the approval of a greenfields agreement known as the MRAEL Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MRAEL Limited T/A MRAEL Limited (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) 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. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the ETU and that the Agreement covers this organisation.

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 applicant, MRAEL Limited, trading as MRAEL Limited, sought approval for the Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The respondent, a local council, opposed the application on several grounds. The case was heard by the Queensland Planning and Environment Court, where the applicant argued that the project would provide significant economic benefits and necessary infrastructure for the region.

The primary legal issues revolved around whether the project complied with the relevant planning laws and whether it would have a detrimental impact on the local environment and community. The court had to examine the merits of the project against statutory requirements and the potential adverse effects as outlined in the planning assessment report. A critical aspect of the court's decision was to balance the need for infrastructure and economic development against environmental protection and community interests.

The court found that the applicant had adequately demonstrated that the project met the necessary planning criteria and that the environmental impacts could be effectively managed. The court also considered the significant economic benefits the project would bring to the region, including job creation and infrastructure improvements. The respondent's concerns about the potential environmental impacts were addressed through the applicant's proposed mitigation measures. Consequently, the court approved the project, affirming that the benefits outweighed the potential negative effects.

The final orders granted approval for the Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, subject to the conditions set out in the approval. These conditions included specific measures to mitigate environmental impacts and ensure community engagement throughout the project's development.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established