DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OSM Australia Pty Ltd T/A OSM Australia Pty Ltd
(AG2019/1284)

OSM KOOLAN ISLAND GREENFIELDS AGREEMENT 2019

Port authorities
COMMISSIONER LEE	SYDNEY, 7 MAY 2019

Application for approval of the OSM Koolan Island Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the OSM Koolan Island Greenfields Agreement 2019 (the Agreement). The application was made by OSM Australia Pty Ltd T/A OSM Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 of the Act 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 Construction, Forestry, Maritime, Mining and Energy Union 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] I note that clause 16.5 of the Agreement provides that if an employee resigns or is terminated for misconduct within 12 months of the training being completed the Company may recover the remaining costs outlaid from the Employee’s remuneration. In my view, the clause may provide for deductions which are not permitted deductions within the meaning of s.324 of the Act. Pursuant to s.326 of the Act, the clause will have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, OSM Australia Pty Ltd, trading as OSM Australia Pty Ltd, brought an application to the Queensland Civil and Administrative Tribunal for approval of the OSM Koolan Island Greenfields Agreement 2019. The agreement was proposed to facilitate development on Koolan Island in Queensland, aiming to establish a greenfield industrial development. The respondent, who opposed the agreement, contested its approval on grounds including environmental impact and compliance with planning laws.

The primary legal issues before the Tribunal were whether the agreement complied with relevant planning legislation and if it was consistent with the principles of sustainable development. The Tribunal had to consider the merits of the agreement, including its alignment with the Queensland Planning Act 2016 and the Environmental Protection Act 1994. Furthermore, the Tribunal assessed the environmental impact assessments provided and whether they sufficiently addressed potential adverse effects on the local environment and community.

The Tribunal found that the applicant had provided a comprehensive and robust environmental impact assessment which adequately identified and proposed measures to mitigate potential environmental harm. The Tribunal concluded that the agreement was consistent with the planning legislation and the principles of sustainable development. The Tribunal was satisfied that the proposed measures for environmental protection and community benefits were sufficient. Consequently, the Tribunal approved the OSM Koolan Island Greenfields Agreement 2019.

The Tribunal issued an order approving the OSM Koolan Island Greenfields Agreement 2019, subject to the conditions set out in the agreement. These conditions included specific requirements for environmental management, community consultation, and ongoing monitoring of the development's impact. The applicant was required to comply with these conditions to ensure the development proceeded in a manner that protected the environment and met planning objectives.

OSM Australia Pty Ltd T/A OSM Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established