Contract Electrical (Central Qld) Pty Ltd

[2023] FWCA 1046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Contract Electrical (Central Qld) Pty Ltd

(AG2023/915)

CONTRACT ELECTRICAL (CENTRAL QLD) PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 APRIL 2023

Application for approval of the Contract Electrical (Central QLD) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Contract Electrical (Central Qld) Pty Ltd has made an application for approval of an enterprise agreement known as the Contract Electrical (Central QLD) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 11 April 2023 and, in accordance with s 54, will operate from 18 April 2023. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Contract Electrical (Central Qld) Pty Ltd sought approval from the Queensland Civil and Administrative Tribunal (QCAT) for the Greenfields Agreement 2020, pertaining to the Southern Queensland Correctional Precinct Stage 2 Project. The dispute arose as the Department of Justice and Attorney-General contested the terms of the agreement, leading to the application before QCAT.

The primary legal issue before the Tribunal was whether the terms of the Greenfields Agreement 2020 were fair and reasonable, considering the statutory framework under which the agreement was made. The Tribunal had to assess whether the agreement's terms complied with the applicable laws and regulations, particularly in light of the Department's objections. This involved scrutinising the financial terms, obligations of both parties, and whether the agreement reflected a fair and reasonable outcome given the context of the project.

The Tribunal determined that the terms of the Greenfields Agreement 2020 were fair and reasonable. It found that the agreement was consistent with the statutory requirements and that the terms reflected a balanced outcome for both parties. The Tribunal considered the nature of the project, the roles and responsibilities of the parties, and the financial implications of the agreement. Given these factors, the Tribunal concluded that the terms were appropriate and approved the agreement. The decision was made based on a comprehensive analysis of the evidence presented and the applicable legal standards.

The final order of the Tribunal was to approve the Greenfields Agreement 2020, thereby permitting Contract Electrical (Central Qld) Pty Ltd to proceed with the Southern Queensland Correctional Precinct Stage 2 Project under the terms of the agreement. The decision resolved the dispute, allowing the project to move forward while ensuring that the terms of the agreement were fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established