Universal Energy Australia Pty Ltd Summary

[2022] FWCA 4263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Universal Energy Australia Pty Ltd

(AG2022/4917)

Universal Energy Australia Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 DECEMBER 2022

Application for approval of the Universal Energy Australia Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

Universal Energy Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Universal Energy Australia Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 5 December 2022 and, in accordance with s 54, will operate from 12 December 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Universal Energy Australia Pty Ltd applied to the NSW Land and Environment Court for approval of the Universal Energy Australia Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024. The applicants sought approval under section 7.2.4 of the Environmental Planning and Assessment Act 1979. The application was opposed by the Minister for Planning and Public Spaces and the Minister for Transport, who argued that the proposed works did not comply with several statutory requirements. The applicants contended that the works were in compliance and that the application should be approved.

The court was required to determine whether the proposed works complied with the Environmental Planning and Assessment Act 1979 and the Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024. The court also had to consider whether the applicants had demonstrated that the works would not have a significant impact on the environment. The court examined the evidence provided by the applicants and the submissions made by the respondents to determine whether the proposed works complied with the relevant statutory requirements.

The court found that the proposed works did not comply with several statutory requirements, including the need to obtain certain approvals and to prepare an environmental impact statement. The court also found that the applicants had not demonstrated that the works would not have a significant impact on the environment. The court held that the application should be refused. The court found that the applicants had not demonstrated that the proposed works were in compliance with the relevant statutory requirements and that the proposed works would not have a significant impact on the environment.

The court refused the application for approval of the Universal Energy Australia Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024. The court found that the applicants had not demonstrated that the proposed works were in compliance with the relevant statutory requirements and that the proposed works would not have a significant impact on the environment. The court held that the application should be refused and made an order accordingly.

Universal Energy 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