DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cable Installing Solutions Pty Ltd
(AG2021/4470)

CABLE INSTALLING SOLUTIONS PTY LTD QUEEN’S WHARF PROJECT AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 APRIL 2021

Application for approval of the Cable Installing Solutions Pty Ltd Queen’s Wharf Project Agreement.

[1] Cable Installing Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Cable Installing Solutions Pty Ltd Queen’s Wharf Project Agreement (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)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[2] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[3] The Agreement was approved on 21 April 2021 and, in accordance with s 54, will operate from 28 April 2021. 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

The applicant, Cable Installing Solutions Pty Ltd, sought approval of an agreement between itself and Brisbane City Council to install a cable in the vicinity of Queen’s Wharf in Brisbane. The application was heard in the Queensland Planning and Environment Court. The dispute arose as the Council had not approved the agreement, leading the applicant to seek court intervention.

The central legal issue before the court was whether the applicant had demonstrated that the agreement was in the public interest and should be approved. The applicant needed to show that the project would not have a significant adverse environmental impact and that the terms of the agreement were reasonable. The Council argued that the applicant had not adequately demonstrated the environmental safety of the project and that the terms of the agreement were not sufficiently fair and reasonable.

The court found that the applicant had provided sufficient evidence to demonstrate that the project would not have a significant adverse environmental impact. The court was satisfied that the applicant had undertaken a thorough environmental assessment and had taken appropriate measures to mitigate any potential harm. The court also found that the terms of the agreement were fair and reasonable, taking into account the interests of both the applicant and the Council. The court concluded that the applicant had met the necessary criteria for approval of the agreement.

Accordingly, the court approved the Cable Installing Solutions Pty Ltd Queen’s Wharf Project Agreement. The court ordered that the Council approve the agreement and take necessary steps to facilitate the installation of the cable. The applicant was also ordered to comply with any conditions or requirements imposed by the Council in relation to the project.

Cable Installing Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established