Intelligent Fire Systems Pty Ltd

[2022] FWCA 1902

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Intelligent Fire Systems Pty Ltd

(AG2022/1685)

Intelligent Fire Systems Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JUNE 2022

Application for approval of the Intelligent Fire Systems Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Intelligent Fire Systems Pty Ltd has made an application for approval of an enterprise agreement known as the Intelligent Fire Systems Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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) and the Australian Manufacturing Workers' Union (AMWU) 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, 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 the AMWU and that the Agreement covers these organisations.

The Agreement was approved on 9 June 2022 and, in accordance with s 54, will operate from 16 June 2022. The nominal expiry date of the Agreement is l January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Intelligent Fire Systems Pty Ltd, which sought approval for a project under the Greenfields Agreement 2020, specifically for the Southern Queensland Correctional Precinct Stage 2 Project. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT), which was tasked with determining whether the project met the necessary criteria and conditions set forth by the government.

The legal issues centred on whether the proposed project complied with the requirements of the Greenfields Agreement 2020, including the terms and conditions regarding land use, construction standards, and regulatory approvals. The Tribunal had to assess the adequacy of the documentation and evidence provided by Intelligent Fire Systems Pty Ltd to demonstrate compliance with the relevant legislative and contractual obligations.

The Tribunal meticulously reviewed the evidence and submissions provided by the parties. It found that the project was in compliance with the Greenfields Agreement 2020, as the applicant had met all necessary requirements. The Tribunal concluded that the project met the conditions for approval and granted the approval sought by Intelligent Fire Systems Pty Ltd.

The Tribunal issued an order approving the Southern Queensland Correctional Precinct Stage 2 Project under the Greenfields Agreement 2020. The order was based on the finding that the project complied with all relevant criteria and conditions, thereby allowing the project to proceed as proposed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established