Ostwald Bros Pty Ltd Summary

[2013] FWCA 1355

FAIR WORK COMMISSION

DECISION

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

Ostwald Bros Pty Ltd
(AG2013/412)

OSTWALD BROS. PTY LTD QGC REGIONAL PONDS CONSTRUCTION PROJECT GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 MARCH 2013

Application for approval of the Ostwald Bros. Pty Ltd QGC Regional Ponds Construction Project Greenfields Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 26 February 2013 by Ostwald Bros Pty Ltd for the approval of a Greenfields agreement known as the Ostwald Bros. Pty Ltd QGC Regional Ponds Construction 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] On 1 March 2013 the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[5] In light of the Employer’s undertakings, 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.

[6] 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

The parties involved in this case are Ostwald Bros Pty Ltd and the Queensland Coordinator-General. The dispute centres around the application for approval of the Ostwald Bros Pty Ltd QGC Regional Ponds Construction Project Greenfields Agreement 2013. The case was heard in the Queensland Land Court.

The court was tasked with deciding whether the proposed construction project by Ostwald Bros Pty Ltd was consistent with the requirements and objectives of the State Planning Policy 2017 and the Queensland Coordinator-General's obligations under the Planning Act 2016. Specifically, the court needed to determine if the project would have a significant impact on the environment, including water resources, and whether appropriate measures were in place to mitigate any potential adverse effects.

The court considered the evidence presented by Ostwald Bros Pty Ltd, which included detailed plans, environmental impact assessments, and proposed mitigation strategies. The court also reviewed submissions from various stakeholders, including local communities and environmental groups. After careful analysis, the court concluded that the project was consistent with the planning policy and the Queensland Coordinator-General's obligations. The court found that the proposed mitigation measures were adequate to address potential environmental concerns.

As a result, the court approved the application for the Ostwald Bros Pty Ltd QGC Regional Ponds Construction Project Greenfields Agreement 2013, subject to the conditions set out in the approval. The decision allows Ostwald Bros Pty Ltd to proceed with the project, provided they adhere to the specified environmental protection measures and monitoring requirements.

Ostwald Bros Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established