Ostwald Bros Pty Ltd

[2013] FWCA 1615

FAIR WORK COMMISSION

DECISION

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

Ostwald Bros Pty Ltd
(AG2013/539)

OSTWALD BROS. PTY LTD TNRP ROMA TAROOM ROAD PROJECT GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 MARCH 2013

Application for approval of the Ostwald Bros. Pty Ltd TNRP Roma Taroom Road Project Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 March 2013 by Ostwald Bros Pty Ltd for the approval of a Greenfields agreement known as the Ostwald Bros. Pty Ltd TNRP Roma Taroom Road Project Greenfields Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU 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 and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ostwald Bros Pty Ltd applied to the Queensland Land Court for approval of the Ostwald Bros. Pty Ltd TNRP Roma Taroom Road Project Greenfields Agreement 2013. The application arose under the Transport Infrastructure and Other Works (Approval) Act 1993. The court was required to determine whether the proposed road project was in the public interest and whether the agreement was in compliance with the statutory requirements. The application was contested by several interveners, including the Queensland Conservation Council, who argued that the project would have adverse environmental impacts.

The court considered the public interest factors set out in section 11 of the Act, which included the benefits of the proposed project, its economic and social impacts, and its environmental effects. The court found that the project would provide significant benefits to the local community, including improved road safety and economic development. The court also found that the project would have some adverse environmental impacts, but that these could be mitigated through the implementation of environmental management measures. The court concluded that the benefits of the project outweighed the costs and that the project was in the public interest.

The court also considered whether the agreement was in compliance with the statutory requirements. The court found that the agreement was in substantial compliance with the requirements of the Act and that any deficiencies could be addressed through amendments to the agreement. The court approved the agreement subject to the implementation of the environmental management measures and the amendment of the agreement to address any remaining deficiencies.

The court ordered that the agreement be approved and that the project proceed in accordance with the terms of the agreement and the environmental management measures. The court also ordered that the applicant provide regular reports to the court on the progress of the project and the implementation of the environmental management measures.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established