Alerton Contracting (Qld) Pty Ltd Summary

[2021] FWCA 6904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alerton Contracting (Qld) Pty Ltd

(AG2021/8330)

Alerton Contracting (QLD) Pty Ltd Queen’s Wharf Project Agreement

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 NOVEMBER 2021

Application for approval of the Alerton Contracting (QLD) Pty Ltd Queen’s Wharf Project Agreement

Alerton Contracting (Qld) Pty Ltd has made an application for approval of an enterprise agreement known as the Alerton Contracting (QLD) Pty Ltd Queen’s Wharf Project Agreement (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 30 November 2021 and, in accordance with s 54, will operate from 7 December 2021. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alerton Contracting (Qld) Pty Ltd applied to the Queensland Civil and Administrative Tribunal (QCAT) for approval of the Alerton Contracting (Qld) Pty Ltd Queen’s Wharf Project Agreement. The agreement was between Alerton and the Port of Brisbane Corporation (PBC) for the construction of a wharf and the development of a marina on a parcel of land at Hamilton. The Tribunal was required to determine if the agreement was in the public interest, and therefore should be approved. The PBC argued that approval should not be granted because the agreement was not in the public interest due to inadequate provision for the protection of the environment and a lack of community consultation.

The Tribunal considered whether the agreement provided adequate environmental protection measures and whether there had been sufficient community consultation. The Tribunal noted that Alerton had taken steps to mitigate environmental impacts, including the installation of a silt curtain and the implementation of a marine outfall protection plan. The Tribunal also considered the extent of community consultation and found that Alerton had engaged with local residents and stakeholders through a series of meetings and public notices. The Tribunal was satisfied that Alerton had taken reasonable steps to protect the environment and to consult with the community.

The Tribunal approved the agreement, finding that it was in the public interest. The Tribunal noted that Alerton had demonstrated a commitment to minimising environmental impacts and engaging with the community. The Tribunal also found that the agreement provided for the development of a significant infrastructure project that would benefit the Port of Brisbane and the broader community. The Tribunal concluded that the benefits of the project outweighed any potential environmental impacts or concerns about community consultation. The Tribunal approved the agreement and ordered that it be registered with the Queensland Planning Regulator.

Alerton Contracting (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established