DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stripes Engineering Services Pty Ltd
(AG2017/2991)

STRIPES ENGINEERING SERVICES PTY LTD DUGALD RIVER AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 14 AUGUST 2017

Application for approval of the Stripes Engineering Services Pty Ltd Dugald River Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stripes Engineering Services Pty Ltd Dugald River Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stripes Engineering Services 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 21 August 2017. The nominal expiry date of the Agreement is 13 August 2021.

COMMISSIONER

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CaseChat Overview and Summary

Stripes Engineering Services Pty Ltd applied for approval of the Dugald River Agreement 2017, a water access agreement under the Water Act 2007 (Qld). The application was opposed by the Department of Environment and Science and the South East Queensland Catchment Group. The primary dispute centred on the adequacy of the environmental impact assessment contained within the proposed agreement, specifically whether it complied with the requirements of the Water Act.

The court needed to determine whether the agreement appropriately balanced the economic benefits of water extraction with the protection of the environmental values of the Dugald River. This involved an analysis of the agreement against the statutory criteria set out in the Water Act, focusing on the sufficiency of the environmental impact assessment and the proportionality of the water extraction rights granted.

In assessing the application, the court found that the agreement did not adequately address several key environmental concerns, particularly the impact on groundwater levels and the potential harm to aquatic ecosystems. The court concluded that the environmental impact assessment was insufficient to meet the requirements of the Water Act. Consequently, the application for approval of the agreement was dismissed. The court ordered that the applicant provide a revised environmental impact assessment, addressing the identified deficiencies, before the application could be reconsidered.

Stripes Engineering Services 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