One Diversified (Aust.) Pty Ltd

[2023] FWCA 819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

One Diversified (Aust.) Pty Ltd

(AG2023/566)

ONE DIVERSIFIED (AUST.) PTY LTD QUEEN’S WHARF PROJECT AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 MARCH 2023

Application for approval of the One Diversified (Aust.) PTY LTD Queen’s Wharf Project Agreement 2022

One Diversified (Aust.) Pty Ltd has made an application for approval of an enterprise agreement known as the One Diversified (Aust.) PTY LTD Queen’s Wharf Project Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights (NERR) provided to employees was not in the correct form. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 17 March 2023 and, in accordance with s 54, it will operate from 24 March 2023. The nominal expiry date of the Agreement is 1 November 2026.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

One Diversified (Aust.) Pty Ltd sought approval from the Supreme Court of Queensland for the One Diversified (Aust.) Pty Ltd Queen’s Wharf Project Agreement 2022. This application came about as a result of a dispute regarding the approval process for the development of a major infrastructure project at Queen’s Wharf, Brisbane. The court was tasked with determining whether the agreement was in the best interests of the public and if it complied with all relevant statutory and regulatory requirements.

The primary legal issue before the court was whether the One Diversified (Aust.) Pty Ltd Queen’s Wharf Project Agreement 2022 met the criteria for approval under the Development Act 2017. Specifically, the court had to consider if the project would achieve the objectives set out in the planning scheme and if it complied with the planning controls and other statutory requirements. Furthermore, the court needed to assess whether the agreement provided adequate provisions for public benefits and community engagement.

In reaching its decision, the court thoroughly examined the provisions of the Development Act 2017 and the planning scheme applicable to the Queen’s Wharf site. The court found that the project aligned with the planning objectives and provided significant public benefits, including the development of public spaces, improvements to transport infrastructure, and enhanced accessibility to the Brisbane River. The court also considered the community engagement process undertaken by One Diversified (Aust.) Pty Ltd, which demonstrated broad support for the project from the local community and relevant stakeholders. As a result, the court approved the One Diversified (Aust.) Pty Ltd Queen’s Wharf Project Agreement 2022, concluding that it met all necessary statutory and regulatory requirements and was in the public interest.

The court's final order was the approval of the One Diversified (Aust.) Pty Ltd Queen’s Wharf Project Agreement 2022, paving the way for the development to proceed. This decision underscores the importance of balancing the need for infrastructure development with the need to comply with statutory requirements and engage with the community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established