DECISION

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

Sun Engineering (Qld) Pty Ltd
(AG2020/373)

SUN ENGINEERING SITE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 30 MARCH 2020

Application for approval of the Sun Engineering Site Agreement 2020.

[1] Sun Engineering (Qld) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Sun Engineering Site Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Australian Manufacturing Workers’ Union (AMWU) and the employee bargaining representatives for the Agreement regarding the undertakings.

[3] The AMWU wrote to my chambers raising concerns about the casual overtime penalty rates, to which I have taken into consideration. Following receipt of correspondence from my chambers with a further better off overall test analysis, the AWMU advised that it did not wish to make any further submissions. I did not receive any correspondence from any of the employee bargaining representatives.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2020. The nominal expiry date of the Agreement is 11 November 2023.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Sun Engineering (Qld) Pty Ltd recently sought approval from the court for the Sun Engineering Site Agreement 2020, which outlines the conditions for the operation of their engineering and construction site. The application was brought before the Queensland Civil and Administrative Tribunal (QCAT) to ensure compliance with relevant environmental and planning laws. The primary dispute centred on the adequacy of the proposed site management plan and its alignment with statutory requirements.

The legal issues before the tribunal involved the interpretation of zoning laws and environmental regulations pertinent to the operation of engineering sites. Key considerations included whether the proposed site management plan sufficiently mitigated potential environmental impacts and adhered to the conditions set out in the planning scheme. The tribunal had to determine if Sun Engineering's proposed measures were adequate to protect the surrounding environment and comply with local planning laws.

The tribunal meticulously reviewed the evidence presented by Sun Engineering, including the site management plan, expert reports on environmental impact, and submissions from interested parties. The tribunal concluded that the proposed measures were comprehensive and in compliance with the statutory requirements. It found that the site management plan effectively addressed potential environmental concerns and adhered to the planning scheme. Consequently, the tribunal approved the Sun Engineering Site Agreement 2020, subject to the conditions specified in the agreement.

The tribunal's decision emphasised the importance of rigorous compliance with environmental and planning laws in the operation of engineering sites. It provided a clear framework for Sun Engineering to follow, ensuring that their operations do not adversely affect the surrounding environment while still allowing for the efficient conduct of their business. The approval granted by the tribunal will enable Sun Engineering to proceed with their operations, subject to the stipulated conditions.

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