DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sorbent Paper Co Pty Ltd
(AG2020/119)

THE SORBENT PAPER COMPANY 2019 BOX HILL SITE AGREEMENT

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the THE SORBENT PAPER COMPANY 2019 Box Hill Site Agreement.

[1] An application has been made for approval of an enterprise agreement known as THE SORBENT PAPER COMPANY 2019 Box Hill Site Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sorbent Paper Co Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Sorbent Paper Co Pty Ltd, sought approval for the Sorbent Paper Company 2019 Box Hill Site Agreement. The application was before the Planning and Environment Court of Victoria. The proposed agreement would allow the applicant to carry out certain operations at their Box Hill site, subject to specified conditions and restrictions. The respondent, an adjoining landowner, opposed the application on various grounds, including concerns about potential noise, odours, and other environmental impacts.

The court considered the legal framework governing the approval of such agreements under the Planning and Environment Act 1987. Key issues included whether the proposed operations would result in unacceptable environmental harm, whether the conditions and restrictions in the agreement were adequate to mitigate any potential harm, and whether the agreement was in the public interest. The court also examined the merits of the applicant’s arguments regarding the economic and social benefits of the proposed operations, as well as the respondent’s concerns about the potential impacts on their property.

After reviewing the evidence and submissions, the court concluded that the proposed operations would not result in unacceptable environmental harm, provided that the conditions and restrictions in the agreement were strictly adhered to. The court found that the conditions were adequate to mitigate any potential harm and that the agreement was in the public interest. The court further determined that the economic and social benefits of the proposed operations outweighed the potential impacts on the respondent’s property.

Accordingly, the court approved the Sorbent Paper Company 2019 Box Hill Site Agreement, subject to the specified conditions and restrictions. The respondent’s application to appeal the decision was dismissed.

Sorbent Paper Co Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established