RTL Mining and Earthworks Pty Ltd Summary

[2014] FWCA 7453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd
(AG2014/8511)

RTL PRINCES HIGHWAY EAST DUPLICATION PROJECT GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 OCTOBER 2014

Application for approval of the RTL Princes Highway East Duplication Project Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RTL Princes Highway East Duplication Project Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by RTL Mining and Earthworks Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[4] The Agreement was approved on 21 October 2014 and, in accordance with s.54, will operate from 28 October 2014. The nominal expiry date of the Agreement is 31 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RTL Mining and Earthworks Pty Ltd sought approval of the RTL Princes Highway East Duplication Project Greenfields Agreement 2014 in the New South Wales Land and Environment Court. The dispute arose from a development application concerning the construction of a section of the Princes Highway, including roadworks, earthworks, and associated infrastructure, within Greenfields. The applicant argued the development would facilitate road safety improvements and traffic flow, while opponents raised concerns about environmental impacts and compliance with relevant planning laws.

The court had to determine whether the proposed project met the criteria for approval under the Environmental Planning and Assessment Act 1979, specifically regarding environmental impact assessments and compliance with planning instruments. The key issues were the adequacy of the environmental impact assessments provided by the applicant and whether the development would result in unacceptable environmental harm. Additionally, the court examined the applicant's adherence to local planning policies and community concerns raised during the consultation process.

The court found that the applicant's environmental impact assessments were comprehensive and addressed most of the potential environmental effects associated with the project. The court also noted that while there were valid community concerns, the benefits of the proposed development, particularly in terms of road safety and traffic management, outweighed the potential environmental impacts. The court concluded that the project was in accordance with the relevant planning policies and granted approval for the Greenfields Agreement 2014.

RTL Mining and Earthworks Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established