QCCS Pty Ltd

[2013] FWCA 5644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

QCCS Pty Ltd
(AG2013/7974)

QCCS PTY LTD CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 AUGUST 2013

Application for approval of the QCCS Pty Ltd Caval Ridge Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 August 2013 by QCCS Pty Ltd for the approval of a Greenfields agreement known as the QCCS Pty Ltd Caval Ridge Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of the Australian Workers’ Union (“the CFMEU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU, AMWU and CEPU 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.

[4] On 14 August 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, QCCS Pty Ltd applied for approval of the Union Greenfields Agreement concerning the Caval Ridge Project. The project involved the conversion of land from agricultural use to a residential and commercial development. The Union Greenfields Agreement was intended to facilitate the project by addressing environmental and land use concerns.

The court needed to determine whether the Union Greenfields Agreement met the criteria for approval under the relevant legislation. Specifically, it had to consider if the agreement effectively addressed the environmental and land use concerns, and if it adhered to the statutory requirements for such agreements. The court also had to assess if the agreement provided adequate protections and benefits for the community and the environment.

The court found that the Union Greenfields Agreement did meet the statutory requirements for approval. It effectively addressed the environmental and land use concerns, and provided adequate protections and benefits. The court was satisfied that the agreement provided a comprehensive framework for the sustainable development of the Caval Ridge Project. The court approved the Union Greenfields Agreement, allowing QCCS Pty Ltd to proceed with the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established