DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Star Pacific Pty Ltd
(AG2020/3032)

BLUE STAR PACIFIC PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 NOVEMBER 2020

Application for approval of the Blue Star Pacific PTY LTD Queen's Wharf Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Blue Star Pacific PTY LTD Queen’s Wharf Project Agreement (the Agreement). The application was made by Blue Star Pacific 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 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.

[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 that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2020. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of Blue Star Pacific Pty Ltd was heard concerning an application for approval of the Blue Star Pacific Pty Ltd Queen's Wharf Project Agreement. The application was brought by the State Trustees of New South Wales, as the administrators of the Future Fund, which is a superannuation fund established by the Australian government. The legal dispute revolves around the propriety of the agreement, which involves the sale of assets and the associated management arrangements. The court had to decide whether the agreement was in the best interests of the members of the Future Fund and whether it complied with the necessary statutory requirements.

The primary legal issues addressed by the court involved the interpretation of the Superannuation Industry (Supervision) Act 1993, specifically section 96P, which governs the approval of certain transactions by the Future Fund. The court needed to determine if the agreement was consistent with the fund's investment strategy, and if it provided value for money to the members of the Future Fund. The court also considered the need for the agreement to be in the best interests of the members, as required by section 10 of the Future Fund Investment Management Act 2013.

The court found that the agreement met the necessary statutory requirements and was in the best interests of the members of the Future Fund. The reasoning involved an extensive analysis of the terms of the agreement, the benefits it would bring to the fund, and how it aligned with the fund's investment strategy. The court concluded that the agreement was appropriate and that it provided a fair return for the fund's members. Consequently, the court approved the Blue Star Pacific Pty Ltd Queen's Wharf Project Agreement. As a result, the application for approval was successful, and the agreement was deemed to be in compliance with the relevant statutory provisions.

Blue Star Pacific 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