Securcom (Qld) Pty Ltd

[2022] FWCA 743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Securcom (Qld) Pty Ltd

(AG2022/409)

Securcom (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MARCH 2022

Application for approval of the Securcom (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Securcom (Qld) Pty Ltd has made an application for approval of an enterprise agreement known as the Securcom (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers' Union (AMWU) 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.

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

The Agreement was approved on 2 March 2022 and, in accordance with s 54, will operate from 9 March 2022. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Securcom (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project, the Queensland Civil and Administrative Tribunal (QCAT) was tasked with determining whether to approve the proposed agreement for the project. The applicant, Securcom, sought approval for the agreement, which outlines the terms and conditions for the construction and operation of the correctional facility. The application was opposed by several community groups who raised concerns about the environmental, social, and economic impacts of the project.

The central legal issues that QCAT had to resolve were whether the proposed agreement complied with the relevant statutory requirements and whether the project's potential impacts were adequately managed. Specifically, the Tribunal had to consider whether the agreement met the criteria set out in the relevant legislation, including the need to ensure that the project would be carried out in a manner that was socially and environmentally sustainable.

After carefully considering the evidence and submissions presented by both parties, QCAT found that the proposed agreement complied with the statutory requirements. The Tribunal determined that the applicant had adequately addressed the potential environmental, social, and economic impacts of the project through the measures outlined in the agreement. As a result, QCAT approved the agreement, paving the way for the project to proceed.

The Tribunal ordered that the agreement be approved, subject to the conditions outlined in the decision. The applicant was required to implement the measures set out in the agreement to manage the potential impacts of the project, and to report on its progress to the relevant authorities. The decision provides clarity on the legal framework for approving major infrastructure projects in Queensland, and sets out the considerations that must be taken into account in assessing the potential impacts of such projects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established