DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Stowe Australia Pty Limited
(AG2020/666)

STOWE AUSTRALIA PTY LIMITED QUEEN'S WHARF PROJECT AGREEMENT

Electrical contracting industry
COMMISSIONER BOOTH	BRISBANE, 29 APRIL 2020

Application for approval of the STOWE AUSTRALIA PTY LIMITED Queen's Wharf Project Agreement.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Stowe Australia Pty Limited (the Applicant) for approval of the STOWE AUSTRALIA PTY LIMITED Queen's Wharf Project Agreement (the Agreement). The Agreement is a greenfields agreement.

[2] 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 have been met. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Attachment A to this Decision. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the CEPU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with clause 2.1 of the Agreement and s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 November 2022.

COMMISSIONER

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Attachment A

CaseChat Overview and Summary

Stowe Australia Pty Limited, a developer, applied for approval of the STOWE AUSTRALIA PTY LIMITED Queen's Wharf Project Agreement, which involves the development of a commercial and residential precinct in Brisbane. The application was contested by the Queensland State Government, who raised concerns about the potential environmental impact and compliance with planning laws. The case was heard in the Queensland Land Court.

The central legal issues before the court were whether the proposed development complied with relevant planning laws and whether the environmental impact could be adequately mitigated. The court had to consider the developer's arguments for the project's approval and the government's objections based on environmental concerns and planning compliance.

The court found that the proposed development aligned with the broader objectives of the planning scheme and that the developer had adequately addressed the environmental concerns raised. The court noted that the developer had undertaken comprehensive environmental assessments and proposed effective mitigation measures. Consequently, the court approved the project agreement, finding that the benefits of the development outweighed the potential environmental impacts when properly managed.

The court ordered the approval of the STOWE AUSTRALIA PTY LIMITED Queen's Wharf Project Agreement, subject to the conditions set out in the decision. The developer must adhere to the specified environmental management plans and other conditions to ensure compliance with planning laws and mitigate environmental impacts.

Stowe Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established