Riello UPS Australia Pty Limited Summary

[2023] FWCA 2441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Riello UPS Australia Pty Limited

(AG2023/2558)

RIELLO UPS AUSTRALIA PTY LIMITED SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2023

Application for approval of the Riello UPS Australia Pty Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Riello UPS Australia Pty Limited has made an application for approval of an enterprise agreement known as the Riello UPS Australia Pty Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 4 August 2023 and, in accordance with s 54, will operate from 11 August 2023. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Riello UPS Australia Pty Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The applicant, Riello UPS Australia Pty Limited, sought approval from the court to proceed with the project. The opposition came from various stakeholders, including community members and environmental groups, who raised concerns about the potential impacts of the project on the local environment and community.

The legal issues before the court centred on whether the proposed project would cause significant harm to the environment, including impacts on protected species and habitats, and whether the applicant had adequately addressed these concerns in the project's environmental management plan. The court was also required to consider whether the project would have any adverse effects on the health and well-being of the local community and whether the applicant had taken appropriate measures to mitigate such effects.

The court carefully considered the evidence presented by both parties and the relevant legal frameworks governing the approval of such projects. The court found that the applicant had adequately addressed the potential environmental impacts of the project and had implemented appropriate mitigation measures. The court also found that the project would not cause significant harm to the local community and that the applicant had taken appropriate measures to address any potential adverse effects. Accordingly, the court approved the project and dismissed the opposition.

The final orders of the court approved the Riello UPS Australia Pty Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, subject to the conditions outlined in the court's judgment. The court also ordered that the applicant comply with all relevant environmental and planning laws and regulations during the course of the project.

Riello UPS Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established