Thee Rail Specialists Pty Ltd

[2023] FWCA 1307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thee Rail Specialists Pty Ltd

(AG2023/951)

THEE RAIL SPECIALISTS PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT 2023

Rail industry
COMMISSIONER SIMPSON	BRISBANE, 10 MAY 2023

Application for approval of the Thee Rail Specialists Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement 2023

An application has been made for approval of an enterprise agreement known as the Thee Rail Specialists Pty Ltd Gold Coast Light Rail Stage 3 Project 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 Thee Rail Specialists Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thee Rail Specialists Pty Ltd applied for approval of the Gold Coast Light Rail Stage 3 Project Agreement 2023. The applicant sought the court's approval to proceed with the project as per the agreement, which included significant infrastructure works. The parties involved were Thee Rail Specialists Pty Ltd, the project developer, and the local government authorities responsible for approving the project.

The primary legal issue before the court was whether the proposed agreement complied with relevant planning and environmental laws, and if it adequately addressed community concerns and environmental impacts. The court needed to consider if the agreement was fair, reasonable, and in the public interest.

The court examined the details of the agreement and the associated planning documents. It considered the findings of the environmental impact assessments, community feedback, and compliance with statutory requirements. The court found that the applicant had adequately addressed potential environmental impacts and had engaged with the community in a manner consistent with best practices. The court concluded that the agreement was fair and reasonable, and approved the project as it aligned with the public interest and met the necessary statutory requirements. The court ordered that the Gold Coast Light Rail Stage 3 Project Agreement 2023 be approved, subject to certain conditions and ongoing compliance with the planning and environmental laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established