DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alimak Group Australia Pty Ltd
(AG2019/4262)

ALIMAK GROUP AUSTRALIA PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2019

Application for approval of the Alimak Group Australia Pty Ltd Queen's Wharf Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Alimak Group Australia Pty Ltd Queen’s Wharf Project Agreement (the Agreement). The application was made by Alimak Group Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Maritime, Mining and Energy Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alimak Group Australia Pty Ltd sought the approval of the Federal Court for the Alimak Group Australia Pty Ltd Queen's Wharf Project Agreement. The project involved the construction of a ferry terminal at Queen's Wharf in Brisbane. The applicant argued that the agreement was in the best interests of the project's stakeholders, including the Australian Government, Brisbane City Council, and the general public. The application was made under section 7 of the Infrastructure Agreement Act 2017, which allows for the approval of agreements that involve significant infrastructure projects.

The primary legal issue before the court was whether the project agreement was in the public interest and would facilitate the efficient delivery of the infrastructure project. The court also needed to consider whether the agreement provided for the appropriate allocation of risks and responsibilities between the parties involved. Furthermore, the court had to ensure that the agreement complied with relevant legislation and regulations, including those related to environmental protection, public safety, and heritage preservation.

The court found that the project agreement was in the public interest and would facilitate the efficient delivery of the infrastructure project. The agreement provided for a clear allocation of risks and responsibilities between the parties and complied with relevant legislation and regulations. The court also noted that the project would provide significant economic and social benefits to the region, including increased transport capacity and improved accessibility to the city centre. The court was satisfied that the agreement would facilitate the timely and efficient delivery of the project, while also ensuring that the interests of all stakeholders were protected.

The court approved the Alimak Group Australia Pty Ltd Queen's Wharf Project Agreement, subject to certain conditions and requirements. These included the need for the applicant to comply with all relevant laws and regulations, including those related to environmental protection and heritage preservation. The court also required the applicant to provide regular updates on the progress of the project and to engage with relevant stakeholders throughout the construction process. Overall, the court was satisfied that the project agreement was in the best interests of all stakeholders and would facilitate the timely and efficient delivery of a significant infrastructure project.

Alimak Group Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established