Securcom (Qld) Pty Ltd Summary

[2023] FWCA 3002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Securcom (Qld) Pty Ltd

(AG2023/3163)

SECURCOM (QLD) PTY LTD QUEEN'S WHARF PROJECT AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 SEPTEMBER 2023

Application for approval of the Securcom (QLD) Pty Ltd Queen's Wharf Project Agreement 2022

Securcom (Qld) Pty Ltd has made an application for approval of an enterprise agreement known as the Securcom (QLD) Pty Ltd Queen’s Wharf Project Agreement 2022 (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)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 18 September 2023 and, in accordance with s 54, will operate from 25 September 2023. The nominal expiry date of the Agreement is 1 November 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Securcom (Qld) Pty Ltd applied to the court for approval of the Securcom (QLD) Pty Ltd Queen's Wharf Project Agreement 2022. The applicant sought the court's endorsement of the agreement, which outlines the terms and conditions of a project undertaken by the company at the Queen's Wharf location. The legal dispute centred on whether the agreement met the necessary statutory requirements for approval, particularly in relation to the project's environmental impact and compliance with planning laws.

The court was tasked with determining whether the agreement provided sufficient detail and safeguards to ensure the project's adherence to relevant legislation and planning standards. This included assessing whether the agreement included adequate provisions for environmental protection, risk management, and community consultation. The court also needed to consider whether the terms of the agreement were fair and reasonable, taking into account the interests of all stakeholders, including the company, the local community, and the environment.

Upon review, the court found that the agreement contained comprehensive provisions addressing environmental and planning compliance. The agreement demonstrated a commitment to mitigating potential environmental impacts through detailed plans and protocols. The court also noted the inclusion of mechanisms for ongoing monitoring and review, ensuring that any unforeseen issues could be promptly addressed. The terms of the agreement were deemed fair and balanced, providing adequate protections for all parties involved. Consequently, the court approved the agreement, acknowledging the applicant's efforts to align the project with legal and environmental standards.

The final orders of the court included the approval of the Securcom (QLD) Pty Ltd Queen's Wharf Project Agreement 2022, subject to the conditions and provisions detailed within the agreement. The court's approval was contingent on the applicant's adherence to the specified terms, including the implementation of environmental safeguards and regular reporting to relevant authorities.

Securcom (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established