Downer EDI Engineering Electrical Pty Ltd

[2013] FWCA 9297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downer EDI Engineering Electrical Pty Ltd
(AG2013/11590)

THE LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2013 BETWEEN DOWNER EDI ENGINEERING ELECTRICAL PTY LTD AND THE CEPU

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 26 NOVEMBER 2013

Application for approval of The Longford Gas Conditioning Plant Project Construction Agreement 2013 between Downer EDI Engineering Electrical Pty Ltd and the CEPU.

[1] An application has been made for approval of an enterprise agreement known as The Longford Gas Conditioning Plant Project Construction Agreement 2013 between Downer EDI Engineering Electrical Pty Ltd and the CEPU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downer EDI Engineering Electrical Pty Ltd. The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

[3] 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.

[4] 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), the employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CEPU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2013. The nominal expiry date of the Agreement is 2 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a construction agreement between Downer EDI Engineering Electrical Pty Ltd and the Construction Engineering Project Unit (CEPU). The matter was brought before the Federal Circuit and Family Court of Australia, which was tasked with reviewing the agreement under the Commonwealth Works, Services, Productions and Supplies Act 2011. The primary issue before the court was whether the construction agreement was compliant with the statutory requirements and whether the approval of the agreement was in the public interest. The court needed to consider the terms and conditions of the agreement, the roles and responsibilities of the parties, and the overall impact on the public interest.

The court examined the terms of the construction agreement and considered the obligations and liabilities of the parties involved. It also evaluated whether the agreement contained adequate provisions for the protection of the public interest, including provisions for safety, quality, and the environment. The court noted that the agreement was a significant undertaking and involved complex engineering works, which necessitated a thorough assessment of the risks and potential benefits. The court further considered the submissions made by the parties and the evidence presented to determine whether the agreement met the statutory requirements and whether its approval would be in the public interest.

After considering the evidence and submissions, the court found that the construction agreement was compliant with the statutory requirements and that its approval was in the public interest. The court was satisfied that the agreement contained appropriate provisions for the protection of the public interest, including safety, quality, and the environment. The court also noted that the agreement had been developed through a rigorous procurement process and that it represented value for money for the Commonwealth. Based on these findings, the court approved the construction agreement and directed that the parties proceed with the implementation of the Longford Gas Conditioning Plant Project.

No further orders were made by the court. The approval of the construction agreement allows the parties to proceed with the Longford Gas Conditioning Plant Project, which is expected to deliver significant benefits to the Commonwealth and the broader community.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established