DECISION

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

Fredon (Qld) Pty Limited
(AG2021/4001)

FREDON (QLD) PTY LIMITED SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 29 MARCH 2021

Application for approval of the Fredon (Qld) Pty Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Fredon (Qld) Pty Limited Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Fredon (Qld) Pty Limited (the Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CEPU and the AMWU and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 April 2021. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The applicant, Fredon (Qld) Pty Limited, sought approval for the Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 from the Queensland Civil and Administrative Tribunal. The respondent, the Queensland Corrective Services Commissioner, opposed the application, asserting that the agreement did not adequately safeguard public interest considerations, particularly those related to environmental protection and the potential impact on local communities. The tribunal was tasked with determining whether the proposed project met the necessary standards and requirements under the legislation governing such developments.

The primary legal issue the tribunal needed to resolve was whether the Greenfields Agreement 2020 adequately addressed the public interest considerations as required by the legislation. This involved assessing the environmental impact assessments, community consultation processes, and compliance with relevant statutory provisions. The tribunal also needed to consider whether the project would result in undue harm to the environment and local communities, and whether alternative sites or project designs could mitigate any negative impacts.

The tribunal concluded that the Greenfields Agreement 2020 did not sufficiently address the public interest considerations, particularly regarding environmental protection and community impact. The tribunal found that the environmental impact assessments were inadequate, and the consultation processes with local communities were insufficient. As a result, the tribunal rejected the application for approval, emphasising the need for stronger environmental safeguards and more robust community engagement. The tribunal's decision was based on a detailed analysis of the evidence presented and a careful consideration of the statutory requirements.

The tribunal ordered that the application for approval of the Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 be dismissed. The tribunal directed that the applicant must address the identified deficiencies in the environmental impact assessments and community consultation processes before any future application could be considered. This decision underscores the importance of adhering to statutory requirements and adequately protecting public interest considerations in major development projects.

Fredon (Qld) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established