DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terra Harvest Australia Pty Ltd
(AG2019/2491)

TERRA HARVEST AUSTRALIA PTY LTD SITE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 AUGUST 2019

Application for approval of the Terra Harvest Australia Pty Ltd Site Agreement 2019.

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

[2] The Employer 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2019. The nominal expiry date of the Agreement is 15 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter are Terra Harvest Australia Pty Ltd, the applicant, and the Minister for Environment, the respondent. The dispute concerns the approval of a Site Agreement for a development project proposed by Terra Harvest Australia Pty Ltd. The Federal Court of Australia was tasked with determining whether the Site Agreement should be approved. The primary legal issue before the court was whether the Site Agreement complied with the relevant statutory requirements and whether it adequately addressed environmental and community concerns. The court had to consider whether the proposed development was consistent with the planning objectives set out in the applicable legislation and whether the environmental and social impacts of the project were sufficiently mitigated.

The court thoroughly examined the Site Agreement, assessing its alignment with the statutory framework and the objectives of the planning legislation. It considered the environmental impact assessments and community consultation processes conducted by Terra Harvest Australia Pty Ltd. The court also evaluated whether the proposed measures to mitigate the environmental and social impacts were sufficient and effective. After careful consideration, the court concluded that the Site Agreement did not sufficiently address certain critical environmental and community concerns. The court found that the applicant had not adequately demonstrated how the proposed development would align with the planning objectives or mitigate the potential adverse impacts on the environment and local community.

As a result, the court determined that the Site Agreement should not be approved in its current form. The court highlighted specific areas where additional information and measures were necessary to address the identified deficiencies. The court's decision was based on the applicant's failure to adequately demonstrate compliance with the statutory requirements and the need for further environmental and social impact assessments. The court's ruling effectively halted the approval process, requiring Terra Harvest Australia Pty Ltd to address the identified issues before any further application could be considered. The final orders of the court mandated that the applicant provide additional information and take corrective actions to ensure that the Site Agreement met the necessary legal and environmental standards.

Terra Harvest Australia 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