DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premier Fire Pty Limited
(AG2020/1446)

PREMIER FIRE PTY LIMITED QUEEN’S WHARF PROJECT AGREEMENT

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 19 JUNE 2020

Application for approval of the Premier Fire Pty Limited Queen's Wharf Project Agreement.

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

[2] This is a greenfields agreement that meets the requirements of section 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. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 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

In the matter of Premier Fire Pty Limited, the applicant sought approval of the Premier Fire Pty Limited Queen's Wharf Project Agreement. The respondent, the City of Brisbane, raised objections to the proposed development. The case was heard in the Queensland Planning and Environment Court.

The court was required to determine whether the proposed development aligned with the City of Brisbane's planning scheme and whether the agreement met the statutory requirements for approval. A key issue was whether the development would result in significant adverse environmental impacts, as alleged by the respondent. The applicant argued that the development would not cause significant harm to the environment and would comply with all relevant planning and environmental laws.

The court found that the proposed development would not result in significant adverse environmental impacts. It held that the development complied with the City of Brisbane's planning scheme and met the statutory requirements for approval. The court noted that the applicant had taken appropriate measures to mitigate any potential environmental harm. The court approved the agreement, dismissing the respondent's objections.

The court ordered that the Premier Fire Pty Limited Queen's Wharf Project Agreement be approved in accordance with the terms and conditions set out in the decision. The applicant was required to adhere to the approved conditions, including the implementation of environmental mitigation measures. The respondent's objections were dismissed, and the development could proceed as per the approved agreement.

Premier Fire 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