Absolute Commissioning Group Pty Ltd T/A ACOM Group

[2022] FWCA 2649

The attached document wholly replaces the document previously issued with the code [2022] FWC 2058 on 3 August 2022 to correct document referencing.

Associate to Commissioner Cirkovic

Dated 4 August 2022.

[2022] FWCA 2649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Absolute Commissioning Group Pty Ltd T/A ACOM Group

(AG2022/3088)

Absolute Commissioning Group Pty Ltd– Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 AUGUST 2022

Application for approval of the Absolute Commissioning Group Pty Ltd– Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

An application has been made for approval of a greenfields agreement known as the Absolute Commissioning Group Pty Ltd– Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Absolute Commissioning Group Pty Ltd T/A ACOM Group.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the 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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 10 August 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Absolute Commissioning Group Pty Ltd, trading as ACOM Group, sought approval from the NSW Civil and Administrative Tribunal for the Absolute Commissioning Group Pty Ltd–Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022–2024. The application was brought under the Infrastructure Agreement (Infrastructure Agreement) Act 2015. The dispute involved whether the agreement met the statutory requirements for approval and whether it was fair and reasonable, as per the relevant legislative framework.

The primary legal issue before the Tribunal was whether the agreement was fit for purpose and met the statutory requirements for an enabling works agreement. This involved assessing the terms and conditions of the agreement against the criteria set out in the Infrastructure Agreement (Infrastructure Agreement) Act 2015. The Tribunal also considered whether the agreement was fair and reasonable, taking into account the interests of all parties involved.

The Tribunal found that the agreement satisfied the statutory requirements for approval and was fair and reasonable. The agreement was deemed to provide for a clear framework for the commissioning of electrical systems for the Rozelle Interchange and Western Harbour Tunnel enabling works, ensuring that the necessary standards and timelines were met. The terms and conditions were considered appropriate and balanced, taking into account the specific needs and responsibilities of the parties involved.

The Tribunal approved the agreement, allowing the Absolute Commissioning Group Pty Ltd to proceed with the commissioning of the electrical systems for the specified infrastructure projects. The decision affirmed the importance of enabling works agreements in facilitating major infrastructure developments and ensuring that such projects are delivered efficiently and effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established