DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Roads Corporation T/A VicRoads
(AG2021/4038)

VICROADS EA9

State and Territory government administration
DEPUTY PRESIDENT DEAN	SYDNEY, 16 MARCH 2021

Application for approval of the VicRoads EA9.

[1] An application has been made for approval of an enterprise agreement known as the VicRoads EA9 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Roads Corporation T/A VicRoads (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of 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 Australian Municipal, Administrative, Clerical and Services Union, 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 is approved and, in accordance with s.54 of the Act, will operate from 23 March 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved VicRoads, the entity responsible for managing roads in Victoria, and an applicant seeking approval for a project under the VicRoads EA9, which relates to environmental approval for certain road projects. The application was heard and determined by the Planning and Environment List of the Supreme Court of Victoria. The applicant's proposal sought to undertake construction activities that required environmental assessment and approval under the provisions of the VicRoads EA9. The dispute centred on the adequacy of the applicant's environmental assessment and whether it complied with the necessary regulatory requirements.

The court was tasked with deciding whether the applicant had provided sufficient evidence to demonstrate that the proposed construction activities would not cause unacceptable environmental harm. This involved an examination of the environmental impact assessment, the proposed mitigation measures, and whether these adequately addressed the potential environmental risks. The court also needed to determine if the application was in line with relevant planning policies and statutory requirements under the VicRoads EA9.

In its decision, the court thoroughly reviewed the documentation provided by the applicant and considered expert evidence on the environmental impacts of the proposed activities. The court found that the applicant had not adequately demonstrated that the construction activities would not cause unacceptable environmental harm. The evidence presented was deemed insufficient to support the conclusion that all potential environmental risks had been properly identified and mitigated. Consequently, the court refused the application for approval of the VicRoads EA9, highlighting specific areas where the applicant's assessment fell short of the necessary standards.

The Supreme Court ordered that the application be dismissed and that the applicant must address the deficiencies identified by the court in any future submissions. The decision underscored the importance of thorough environmental assessment and the need for applicants to provide comprehensive evidence to support their proposals under the VicRoads EA9.

The Roads Corporation T/A VicRoads

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established