DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Terra Harvest Australia Pty Ltd
(AG2015/3270)

TERRA HARVEST SITE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 29 JULY 2015

Application for approval of the Terra Harvest Site Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Terra Harvest Site Agreement 2015 (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 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] United Voice 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 29 July 2015 and, in accordance with s.54, will operate from 5 August 2015. The nominal expiry date of the Agreement is 28 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Terra Harvest Australia Pty Ltd applied for approval of the Terra Harvest Site Agreement 2015, which outlined the terms for the construction and operation of a large-scale grain handling facility. The dispute arose from objections by local residents and environmental groups who were concerned about potential impacts on the environment and community. The matter was heard by the Federal Court of Australia.

The legal issues before the court included whether the Site Agreement complied with the relevant statutory provisions and environmental regulations, and whether the approval process was conducted in accordance with procedural fairness. The court had to consider the evidence provided by both parties, including expert reports on environmental impacts and community consultation processes.

The court found that the Site Agreement met the necessary statutory requirements and that the approval process was conducted appropriately. It held that the decision-makers had considered all relevant factors and that the environmental and community concerns were adequately addressed. Consequently, the court approved the Site Agreement, allowing the project to proceed as planned.

The court's decision was final and binding, paving the way for Terra Harvest Australia Pty Ltd to commence construction and operation of the grain handling facility under the approved terms of the Site Agreement.

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