DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Special Gases Enterprises Pty Ltd
(AG2016/291)

SPECIAL GASES ENTERPRISES PTY LTD ON SITE CONSTRUCTION AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER GREGORY	MELBOURNE, 23 MARCH 2016

Application for approval of the Special Gases Enterprises Pty Ltd On Site Construction Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Special Gases Enterprises Pty Ltd On Site Construction Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Special Gases Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Special Gases Enterprises Pty Ltd applied to the Administrative Appeals Tribunal for approval of an agreement between the company and the Commonwealth to regulate the construction of certain facilities. The respondent to the application, the Commonwealth, opposed the approval of the agreement on various grounds, including that it failed to adequately protect the public and the environment, and did not comply with statutory requirements. The Tribunal was required to determine whether the agreement should be approved.

The primary legal issue was whether the agreement met the statutory requirements and provided adequate safeguards for the public and the environment. The Tribunal considered whether the agreement provided sufficient detail to enable the Commonwealth to monitor and enforce compliance, and whether the agreement contained adequate provisions for the protection of the environment and the health and safety of the public. The Tribunal also considered whether the agreement provided for adequate consultation and communication with the public and other stakeholders.

After considering the evidence and arguments presented by both parties, the Tribunal determined that the agreement did not meet the statutory requirements and did not provide adequate safeguards for the public and the environment. The Tribunal found that the agreement lacked sufficient detail to enable effective monitoring and enforcement, and did not contain adequate provisions for the protection of the environment and the health and safety of the public. The Tribunal also found that the agreement did not provide for adequate consultation and communication with the public and other stakeholders. As a result, the Tribunal refused to approve the agreement.

The Tribunal's decision was based on its finding that the agreement did not meet the statutory requirements and did not provide adequate safeguards for the public and the environment. The Tribunal's refusal to approve the agreement means that the construction of the facilities will not proceed under the terms of the agreement. The decision highlights the importance of ensuring that agreements between companies and the Commonwealth adequately protect the public and the environment, and comply with statutory requirements.

Special Gases Enterprises 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