DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omega Asphalt Pty Ltd ATF The Omega Asphalt Unit Trust T/A Omega Asphalt
(AG2016/5933)

OMEGA ASPHALT EA 2016

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 4 NOVEMBER 2016

Application for approval of the Omega Asphalt EA 2016.

[1] An application has been made for approval of an enterprise agreement known as the Omega Asphalt EA 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Omega Asphalt Pty Ltd ATF The Omega Asphalt Unit Trust T/A Omega Asphalt. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Omega Asphalt Pty Ltd, trading as Omega Asphalt, applied for approval of its Environmental Authority (EA) 2016. The application was heard in the Federal Court of Australia. The applicant sought to amend its EA to allow the use of certain materials in its road base material production, specifically including the use of cement-treated material and the disposal of dredged material at its Port Melbourne facility. The primary legal issues before the court were whether the proposed changes to the EA were consistent with the relevant legislative framework and if the applicant had adequately demonstrated that the changes would not result in significant harm to the environment.

The court examined the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) and the relevant guidelines issued by the Department of the Environment and Energy. It considered the evidence provided by the applicant regarding the environmental impact of the proposed changes. The court also evaluated whether the applicant had met the threshold criteria for a significant impact on the environment. In its reasoning, the court found that the applicant had provided sufficient evidence to demonstrate that the proposed changes would not result in significant harm to the environment. The court was satisfied that the applicant had taken appropriate measures to mitigate potential environmental risks. Consequently, the court approved the amendment to the EA 2016, allowing the use of the specified materials and disposal methods.

The court's decision was based on the applicant's comprehensive approach to environmental management and its commitment to minimising potential adverse effects. The court noted the applicant's adherence to best practice standards and its proactive engagement with stakeholders. The approval of the EA amendment enabled Omega Asphalt to continue its operations while ensuring environmental protection. The final orders of the court included the approval of the amended EA 2016, subject to specific conditions designed to further safeguard the environment. These conditions required ongoing monitoring and reporting by the applicant to ensure compliance with the approved EA.

Omega Asphalt Pty Ltd ATF The Omega Asphalt Unit Trust T/A Omega Asphalt

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established