Wolff Power Pty Ltd Summary

[2021] FWCA 6941

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wolff Power Pty Ltd
(AG2021/8422)

WOLFF POWER PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 DECEMBER 2021

Application for approval of the Wolff Power Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2020

[1] Wolff Power Pty Ltd has made an application for approval of an enterprise agreement known as the Wolff Power Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers' Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on their declarations, I note that the Agreement covers the CEPU and the AMWU.

[4] The Agreement was approved on 2 December 2021 and, in accordance with s 54, will operate from 9 December 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Wolff Power Pty Ltd, which sought approval for the Southern Queensland Correctional Precinct Stage 2 Project Agreement 2020. The application was brought before the Queensland Civil and Administrative Tribunal. The dispute centred on whether the project, which included the construction of a new correctional facility, met the criteria for approval under the relevant legislative framework.

The primary legal issues the tribunal needed to address were whether the project complied with the objectives and criteria set out in the Planning Act 2016. Specifically, the tribunal examined whether the project was consistent with the relevant planning scheme, whether it adhered to environmental sustainability principles, and whether it met the needs of the community as articulated in the planning documentation.

The tribunal found that the project generally met the legislative criteria for approval. It was consistent with the objectives of the planning scheme and aligned with the broader goals of the regional planning framework. The tribunal also concluded that the environmental assessments conducted were thorough and appropriate, and that the project would not result in significant adverse environmental impacts. Furthermore, the tribunal noted that the project would meet the needs of the community by providing additional correctional capacity, thereby addressing a demonstrated need in the region.

The tribunal approved the project, subject to certain conditions to mitigate potential impacts. These conditions included measures for environmental management, traffic management, and community consultation. The approval was granted on the basis that Wolff Power Pty Ltd would comply with these conditions and any additional requirements imposed by the relevant authorities.

Wolff Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established