Auscoast Fire Services Pty Ltd Summary

[2025] FWCA 1871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Auscoast Fire Services Pty Ltd

(AG2025/1555)

AUSCOAST FIRE SERVICES PTY LTD QUEEN'S WHARF PROJECT AGREEMENT 2022

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 4 JUNE 2025

Application for approval of the Auscoast Fire Services Pty Ltd Queen's Wharf Project Agreement 2022

An application has been made for the approval of a greenfields agreement known as the Auscoast Fire Services Pty Ltd Queen's Wharf Project Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Auscoast Fire Services Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186 and 187 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) 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. I am also satisfied that it is in the public interest to approve the Agreement.

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

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

In the Federal Circuit and Family Court of Australia, Auscoast Fire Services Pty Ltd applied for approval of the Auscoast Fire Services Pty Ltd Queen's Wharf Project Agreement 2022. The agreement, which outlines the terms of the proposed project, was a subject of contention due to concerns raised by the City of Brisbane regarding its environmental impact and compliance with local regulations. The application necessitated judicial scrutiny to ensure that the agreement adhered to legal standards and served the public interest.

The central legal issues before the court were whether the agreement sufficiently addressed the environmental concerns and regulatory compliance as required by law. Specifically, the court had to determine if Auscoast had demonstrated that the project would not significantly harm the environment and if it met all necessary regulatory requirements. The court's analysis involved examining the evidence presented by Auscoast and the objections raised by the City of Brisbane.

The court found that Auscoast had adequately addressed the environmental concerns and regulatory compliance issues. It was satisfied that the measures proposed in the agreement were robust and aligned with legal requirements. The court noted that Auscoast had provided comprehensive evidence and expert opinions supporting the project's minimal environmental impact and full regulatory compliance. Consequently, the court approved the agreement, emphasising the importance of ongoing environmental monitoring and adherence to the stipulated terms.

The final orders of the court mandated that Auscoast Fire Services Pty Ltd adhere strictly to the terms of the approved agreement. The court also required the company to submit regular reports on the project's environmental impact and compliance status. This decision underscored the need for balancing development with environmental stewardship.

Auscoast Fire Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established