Terra Harvest Australia Pty Ltd Summary

[2023] FWCA 1139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Terra Harvest Australia Pty Ltd

(AG2023/1012)

TERRA HARVEST AUSTRALIA SITE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 APRIL 2023

Application for approval of the Terra Harvest Australia Site Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Terra Harvest Australia Site Agreement 2023 (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.

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. The undertakings are taken to be a term of the Agreement.

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.

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.

I note that clause 22 of the Agreement may be inconsistent with the National Employment Standards. The Employer has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2023. The nominal expiry date of the Agreement is 14 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Terra Harvest Australia Pty Ltd sought approval for its Site Agreement 2023, which outlined the company's plans for the development of a large-scale agricultural project. The application was filed with the relevant state government body, which held jurisdiction over the matter. The decision was contested by a number of environmental groups who argued that the proposed development would have a detrimental impact on the local ecosystem, including protected species and habitats.

The primary legal issue before the court was whether the Site Agreement 2023 complied with the relevant statutory requirements and environmental regulations. The court had to consider whether the project would cause significant harm to the environment and whether any such harm could be mitigated. The court also needed to determine whether the company had adequately assessed the potential environmental impacts of the project and whether it had proposed adequate measures to address any identified risks.

After reviewing the evidence and arguments presented by both parties, the court found that the Site Agreement 2023 did not fully comply with the statutory requirements and environmental regulations. The court held that the proposed development would cause significant harm to the local ecosystem, and that the company had not adequately assessed the potential risks or proposed adequate mitigation measures. The court also found that the company had not adequately consulted with the relevant stakeholders, including the local community and environmental groups. As a result, the court rejected the application for approval of the Site Agreement 2023. The decision was based on the court's finding that the potential environmental harm outweighed the potential benefits of the proposed development, and that the company had not demonstrated that it could adequately mitigate any such harm. The court ordered the company to revise its Site Agreement to address the identified deficiencies and resubmit the application for approval.

Terra Harvest Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established