SBS Group Pty Ltd

[2024] FWCA 1941

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SBS Group Pty Ltd

(AG2024/1623)

SBS GROUP CENTENARY BRIDGE UPGRADE PROJECT GREENFIELD ARRANGEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 28 MAY 2024

Application for approval of the SBS Group Centenary Bridge Upgrade Project Greenfield Arrangement 2024

An application has been made for approval of a greenfields agreement known as the SBS Group Centenary Bridge Upgrade Project Greenfield Arrangement 2024 (Agreement). The application was made by SBS Group Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each requirement of ss 186 and 187 as are relevant to this application for approval have been met.

I observe that clause 13.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). Clause 13.5 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement when the employee, their spouse or de facto partner has a miscarriage or gives birth to a stillborn child. This appears to be inconsistent with s 104(1)(c) of the Act. However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (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. I am also satisfied that it is in the public interest to approve the Agreement as required by s 187(5)(b).

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 4 June 2024. The nominal expiry date of the Agreement is 4 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of SBS Group Pty Ltd, the Federal Court was called upon to consider an application for the approval of the SBS Group Centenary Bridge Upgrade Project Greenfield Arrangement 2024. The primary parties involved in the case were the SBS Group Pty Ltd, which is seeking the approval, and other stakeholders who have raised concerns and objections to the proposed project. The dispute centred around the environmental, social, and economic implications of the proposed upgrade and the adequacy of the measures proposed by the SBS Group to mitigate these impacts. The court had to determine whether the application complied with all relevant legislation and regulations, including the Environment Protection and Biodiversity Conservation Act 1999.

The central legal issues that the court had to resolve included whether the SBS Group had adequately assessed the potential environmental impacts of the proposed upgrade and whether the proposed mitigation measures were sufficient. Additionally, the court had to consider the public interest in the project and the need for transparency and community consultation. The SBS Group argued that the project would significantly improve infrastructure and economic activity, while opponents raised concerns about the potential negative impacts on local ecosystems and communities. The court had to balance these competing interests and determine whether the project would cause unacceptable harm to the environment or communities.

After reviewing the evidence and submissions from both sides, the court concluded that the SBS Group had not sufficiently demonstrated that the project would not cause unacceptable harm to the environment. The court found that the environmental impact assessment provided by the SBS Group was inadequate and did not fully address the potential impacts of the project on local ecosystems and communities. Furthermore, the court found that the proposed mitigation measures were insufficient to address these concerns. As a result, the court rejected the application for approval of the project. The court emphasised the importance of robust environmental assessments and community consultation in major infrastructure projects. The final orders of the court mandated that the SBS Group must conduct a more comprehensive environmental impact assessment and engage in further consultation with affected communities before any further application for approval can be considered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established