Securcom (Qld) Pty Ltd

[2023] FWCA 2157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Securcom (Qld) Pty Ltd

(AG2023/2014)

APPLICATION FOR APPROVAL OF THE SECURCOM (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 12 JULY 2023

Application for approval of the Securcom (Qld) Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

An application has been made for the approval of a greenfields agreement known as the Securcom (Qld) Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Securcom (Qld) Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186 and 187 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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 (ETU) 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.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the ETU and that the Agreement covers this organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a contract between Securcom (Qld) Pty Ltd and CEPU Electrical Division for the Cross River Rail Project 2020-2024. The application was brought before the court to determine whether the contract was fair, reasonable, and in the best interest of the parties involved. The court was tasked with ensuring that the agreement was in line with the statutory requirements and that it did not contain any terms that were unfair or unreasonable.

The legal issues the court needed to address included whether the contract was in writing, whether it contained all the terms agreed upon by the parties, and whether it was fair and reasonable. The court also had to consider whether the contract was in the best interest of the parties and whether it complied with the statutory requirements. The court needed to determine whether the agreement was a genuine contract and whether the parties had freely entered into the agreement without any coercion or undue influence.

The court found that the contract was in writing and contained all the terms agreed upon by the parties. The court also found that the contract was fair and reasonable and that it was in the best interest of the parties involved. The court was satisfied that the contract complied with the statutory requirements and that the parties had freely entered into the agreement without any coercion or undue influence. The court approved the contract and found it to be a genuine agreement between the parties.

The court ordered that the contract be approved and that it be binding on both parties. The court also ordered that the contract be registered with the relevant authorities and that it be enforced in accordance with its terms. The court found that the contract was in the best interest of the parties and that it would facilitate the successful completion of the Cross River Rail Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established