Consolidated Power Projects Australia Pty Ltd Summary

[2024] FWCA 1048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Consolidated Power Projects Australia Pty Ltd

(AG2024/721)

CONSOLIDATED POWER PROJECTS AUSTRALIA PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2024 – 2027

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MARCH 2024

Application for approval of the Consolidated Power Projects Australia Pty Ltd Civil Construction Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the Consolidated Power Projects Australia Pty Ltd Civil Construction Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Consolidated Power Projects Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 25 March 2024 and, in accordance with s 54, will operate from 1 April 2024. The nominal expiry date of the Agreement is 31 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Consolidated Power Projects Australia Pty Ltd sought approval of its proposed enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the requirements for approval under the Act. The FWC needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it.

The primary legal issues before the FWC were whether the proposed agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the relevant legislative provisions, and whether it was made in good faith. The FWC had to consider the provisions of the Fair Work Act and other relevant legislative instruments, as well as the submissions and evidence presented by the parties.

The FWC determined that the proposed agreement met the requirements for approval under the Fair Work Act. It found that the agreement provided for fair and reasonable terms and conditions of employment, was made in good faith, and complied with the relevant legislative provisions. The FWC took into account the submissions and evidence presented by the parties, as well as the broader context of the enterprise bargaining process.

The FWC approved the Consolidated Power Projects Australia Pty Ltd Civil Construction Enterprise Agreement 2024 – 2027, effective from the date of the decision. The parties were directed to take all necessary steps to give effect to the approved agreement, including any necessary amendments to existing agreements or arrangements.

Consolidated Power Projects Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established