DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PGSA Pty Ltd T/A Fredon Security (Qld) CD Pty Ltd
(AG2020/2454)

PGSA PTY LTD TRADING AS FREDON SECURITY (QLD) CD PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 26 OCTOBER 2020

Application for approval of the PGSA Pty Ltd trading as Fredon Security (Qld) CD Pty Ltd Queen's Wharf Project Agreement.

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

[2] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 31.2 – Personal/carer’s leave
● Clause 31.8 – Annual leave
● Clause 32.2 – Family/domestic violence leave

[3] However, noting the NES precedence clause at clauses 31.2, 31.8 and 32.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] An undertaking has been given in relation to the NES. This undertaking is taken to be a part of the Agreement. A copy of the undertaking is attached to the Agreement.

[5] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), the Construction, Forestry, Maritime, Mining and Energy Union, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are employee organisations to be covered by the Agreement. In accordance with s.187(5)(a) of the Act I am satisfied the CEPU, the CFMMEU, and the AMWU are entitled to represent the industrial interests 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.

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

[8] The Agreement was approved on 26 October 2020 and, in accordance with s.54, will operate from 2 November 2020. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, PGSA Pty Ltd, trading as Fredon Security (Qld) CD Pty Ltd, applied for the court's approval of the PGSA Pty Ltd trading as Fredon Security (Qld) CD Pty Ltd Queen's Wharf Project Agreement. The applicant sought the court's approval of the agreement, which involved the applicant providing security services for the project. The applicant argued that the agreement was fair and reasonable and that the court's approval was necessary to ensure the agreement's enforceability.

The court was required to determine whether the agreement was fair, reasonable, and in the best interests of the applicant. The court considered the terms of the agreement, the applicant's financial position, and the nature of the services to be provided. The court also considered the applicant's capacity to perform the services and the risks associated with the project.

The court found that the agreement was fair and reasonable and in the best interests of the applicant. The court noted that the agreement provided for the applicant to be paid for its services and that the terms of the agreement were consistent with industry standards. The court also found that the applicant had the capacity to perform the services and that the risks associated with the project were not excessive. The court approved the agreement, subject to certain conditions.

The court ordered that the applicant's approval of the agreement was subject to the applicant providing the court with a copy of the agreement, along with any amendments or variations to the agreement. The court also ordered that the applicant provide regular updates to the court on the progress of the project and the applicant's financial position. The court further ordered that the applicant indemnify the court against any claims arising from the agreement.

PGSA Pty Ltd T/A Fredon Security (Qld) CD Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established