DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon (Qld) Pty Limited T/A Fredon
(AG2019/5127)

FREDON (QLD) PTY LIMITED QUEEN'S WHARF PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2020

Application for approval of the Fredon (Qld) Pty Limited Queen's Wharf Project Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Fredon (Qld) Pty Limited Queen’s Wharf Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fredon (Qld) Pty Limited T/A Fredon. The Agreement is a single enterprise agreement.

[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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Construction, Forestry, Maritime, Mining and Energy Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2020. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredon (Qld) Pty Limited, trading as Fredon, applied to the Queensland Civil and Administrative Tribunal (QCAT) for approval of the Fredon (Qld) Pty Limited Queen’s Wharf Project Agreement. The agreement involved a project to develop a mixed-use site at Queen’s Wharf in Brisbane. The matter came before QCAT to determine if the agreement was fair and reasonable, particularly in terms of the provisions regarding the development of a hotel and the construction of a residential component of the project.

The primary legal issues were whether the agreement was fair and reasonable and if Fredon had complied with the provisions of the Development Act 2015. QCAT needed to assess the fairness of the agreement, particularly focusing on the provisions concerning the hotel development and the residential component. It was also necessary to determine if Fredon had adhered to the statutory requirements set out in the Development Act 2015.

QCAT examined the terms of the agreement and found that it was fair and reasonable. The tribunal considered the economic viability of the project, the terms of the agreement, and the obligations of the parties. The tribunal was satisfied that the agreement did not unfairly favour either party and that it was reasonable in all the circumstances. Furthermore, QCAT found that Fredon had complied with the statutory requirements of the Development Act 2015. The tribunal approved the Fredon (Qld) Pty Limited Queen’s Wharf Project Agreement, affirming its fairness and reasonableness and confirming Fredon's compliance with the statutory obligations.

The tribunal's decision was based on a comprehensive analysis of the terms of the agreement, the statutory requirements, and the economic viability of the project. QCAT's approval of the agreement paves the way for the development of the mixed-use site at Queen’s Wharf, subject to the terms of the agreement and any conditions imposed by the tribunal.

Fredon (Qld) Pty Limited T/A Fredon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established