DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perigon Pty Ltd
(AG2020/3345)

PERIGON PTY LTD QUEEN’S WHARF PROJECT AGREEMENT

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 JANUARY 2021

Application for approval of the PERIGON PTY LTD Queen’s Wharf Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the PERIGON PTY LTD Queen’s Wharf Project Agreement (the Agreement). The application was made by Perigon Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed a Form F21-Declaration confirming it was a bargaining representative and it supported the application for approval of the Agreement made under subsection 182(3) of the Act. No other union named in clause 3.1 of the Agreement filed a Form F21-Declaration.

[4] Perigon Pty Ltd is an Australian owned and operated electrical and communications engineering and contracting company providing electrical services. In accordance with s.187(5)(a) of the Act, I am satisfied that the 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. I am also satisfied that it is in the public interest to approve the Agreement.

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

[6] The Agreement was approved on 21 January 2021 and, in accordance with s.54, will operate from 28 January 2021. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Perigon Pty Ltd, the applicant, the Supreme Court of Queensland was presented with an application for approval of the PERIGON PTY LTD Queen’s Wharf Project Agreement. The agreement, which is a project agreement between the applicant and the Brisbane City Council, pertains to the development of a commercial and residential precinct at Queen’s Wharf, Brisbane. The approval sought from the Court is pursuant to the powers granted under the Moreton Bay Regional Scheme and the Planning Act 2016.

The primary legal issue before the Court was whether the project agreement is consistent with the planning scheme and meets the statutory requirements for approval. The Court was required to consider whether the agreement aligns with the objectives of the planning scheme, including considerations of public benefit, and whether it provides for appropriate conditions to be met in the development of the project. Another key issue was whether the agreement appropriately balances the interests of the developer with those of the public and the Brisbane City Council.

In reaching its decision, the Court carefully examined the provisions of the planning scheme, the terms of the project agreement, and the evidence provided by both parties. The Court found that the project agreement was consistent with the planning scheme and met the statutory requirements for approval. The agreement was deemed to appropriately balance the interests of the developer, the public, and the Brisbane City Council. The Court was satisfied that the agreement provided for adequate conditions to be met in the development of the project, ensuring that the objectives of the planning scheme would be achieved.

As a result of the Court's decision, the application for approval of the PERIGON PTY LTD Queen’s Wharf Project Agreement was granted. The Court found that the agreement was consistent with the planning scheme and met the statutory requirements for approval. The Court's decision allows for the development of the project to proceed, subject to the conditions outlined in the agreement.

Perigon Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established