DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Engineering (Qld) Pty Ltd
(AG2016/5529)

SUN ENGINEERING SITE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 NOVEMBER 2016

Application for approval of the Sun Engineering Site Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sun Engineering Site Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sun Engineering (Qld) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 was approved on 11 November 2016 and, in accordance with s.54, will operate from 18 November 2016. The nominal expiry date of the Agreement is 11 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Sun Engineering (Qld) Pty Ltd applied to the Planning and Environment Court of Queensland for approval of the Sun Engineering Site Agreement 2016. The agreement aimed to establish a heavy vehicle maintenance facility on their property, which was previously used as a scrapyard. The case involved various stakeholders, including local residents and environmental groups, who raised concerns about potential noise, pollution, and the impact on the local community.

The court needed to determine whether the proposed facility complied with the applicable planning scheme, including zoning requirements, and whether it would have a detrimental effect on the environment and the community. Additionally, the court had to consider whether the applicant had fulfilled all necessary prerequisites for approval and if the benefits of the project outweighed any potential harm.

The court found that the proposed facility did not contravene the planning scheme and was in accordance with the relevant zoning provisions. It was noted that Sun Engineering had taken significant steps to mitigate potential environmental impacts, such as implementing noise barriers and adopting environmentally friendly practices. The court also considered the economic benefits of the facility, including job creation and contributions to the local economy. Consequently, the court granted approval for the Sun Engineering Site Agreement 2016, emphasising the importance of balancing development with environmental and community considerations.

The final orders included the approval of the agreement, subject to certain conditions aimed at further minimising the potential adverse effects on the community and the environment. These conditions included regular monitoring of noise and emissions, as well as a requirement for Sun Engineering to engage with local residents and address any concerns that may arise during the operation of the facility.

Sun Engineering (Qld) 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