Alerton Contracting (Qld) Pty Ltd Summary

[2022] FWCA 4445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alerton Contracting (Qld) Pty Ltd

(AG2022/5091)

Alerton Contracting (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 DECEMBER 2022

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

Alerton Contracting (Qld) Pty Ltd has made an application for approval of an enterprise agreement known as the Alerton Contracting (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees did not receive the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) and the Australian Manufacturing Workers' Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on their declarations, I note that the Agreement covers the CEPU and the AMWU.

The Agreement was approved on 15 December 2022 and, in accordance with s 54, will operate from 22 December 2022. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alerton Contracting (Qld) Pty Ltd sought approval from the Queensland Civil and Administrative Tribunal for the Southern Queensland Correctional Precinct Stage 2 Project Agreement 2020. The application was brought before the tribunal by the Department of Justice and Attorney-General. The dispute centred on the terms and conditions set out in the agreement, which pertained to the construction of a correctional facility in southern Queensland. The tribunal was tasked with ensuring that the agreement met statutory requirements and was in the public interest.

The legal issues before the tribunal involved the interpretation of the relevant statutory provisions and the determination of whether the agreement complied with these provisions. Specifically, the tribunal had to consider whether the agreement adequately addressed the requirements for transparency, value for money, and the public interest. The tribunal also needed to assess whether the agreement was fair and reasonable and whether it provided sufficient safeguards for the state's interests.

The tribunal determined that the agreement was in compliance with the statutory requirements and was in the public interest. It found that the agreement provided a clear framework for the project, included provisions for transparency, and ensured value for money. The tribunal also concluded that the agreement was fair and reasonable, and that it contained adequate safeguards for the state's interests. Based on these findings, the tribunal approved the agreement.

Alerton Contracting (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