DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

TK & KM Pty Ltd
(AG2014/10504)

TK & KM PTY LTD HAY POINT EXPANSION 3 PROJECT AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 JANUARY 2015

Application for approval of the TK & KM Pty Ltd Hay Point Expansion 3 Project Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 December 2014 by TK & KM Pty Ltd for the approval of a single-enterprise agreement known as the TK & KM Pty Ltd Hay Point Expansion 3 Project Agreement(“the Agreement”).

[2] On 20 January 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union (“the CFMEU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

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

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of TK & KM Pty Ltd, the company applied for approval of a project agreement concerning the Hay Point Expansion 3 Project. The application was heard by the Queensland Planning and Environment Court. The primary issue before the court was whether the approval of the project agreement would be in the public interest, taking into account the environmental impact and compliance with relevant planning laws and policies.

The court examined the merits of the project, including the economic benefits it could bring to the region, alongside the potential environmental impacts. Key considerations included the project's alignment with the objectives of the North Queensland Integrated Regional Plan and the Environmental Protection Act. The court also assessed whether the company had adequately addressed the concerns raised by the submissions of objectors, including local community groups and environmental organisations.

After carefully weighing the evidence and submissions, the court concluded that the project's benefits, such as job creation and economic growth, outweighed the environmental impacts, provided the company adhered to stringent environmental management measures. The court determined that the project would be in the public interest if the company complied with the conditions imposed by the court. The approval was granted subject to these conditions, ensuring the protection of the environment while allowing the project to proceed.

The final orders included the approval of the Hay Point Expansion 3 Project Agreement, contingent upon the company's compliance with the specified conditions. These conditions encompassed environmental safeguards, such as dust management plans and water quality monitoring, as well as reporting requirements to ensure ongoing compliance with planning laws. The court's decision allowed the project to move forward, subject to the adherence to the outlined conditions.

TK & KM 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