DT Infrastructure Pty Ltd

[2024] FWCA 2496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

DT Infrastructure Pty Ltd

(AG2024/2350)

DT INFRASTRUCTURE (QTMP ORMEAU FACILITY) ELECTRICAL AND CONSTRUCTION WORKERS PROJECT AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT O'KEEFFE	PERTH, 4 JULY 2024

Application for approval of the DT Infrastructure (QTMP Ormeau Facility) Electrical and Construction Workers Project Agreement 2024

An application has been made for approval of a greenfields agreement known as the DT Infrastructure (QTMP Ormeau Facility) Electrical and Construction Workers Project Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DT Infrastructure Pty Ltd (the Applicant).

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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the two employee organisations, being the Construction, Forestry and Maritime Employees Union (the CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) are, between them, eligible to represent the majority of employees who will be covered by the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

The CFMEU and the CEPU were bargaining representatives and the Agreement has been made with each of those organisations. As such, pursuant to s.53(2)(b) and s.201(2A) of the Act I note that the Agreement covers these organisations.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2024. The nominal expiry date of the Agreement is 2 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved DT Infrastructure Pty Ltd, which sought approval for a project agreement concerning electrical and construction workers at the Ormeau Facility. The application was brought under the Fair Work Act 2009, specifically targeting the creation of an enterprise agreement for a temporary workforce. The Federal Circuit and Family Court of Australia was responsible for adjudicating this matter.

The primary legal issue before the court was whether the proposed agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. This involved assessing the procedural fairness of the agreement and ensuring it met the necessary standards for approval. The court had to determine if the agreement was made in good faith, was not discriminatory, and provided fair terms and conditions for the workers involved.

The court examined the application and supporting documentation, including the proposed agreement and any relevant submissions from the parties. It considered whether the agreement was made in accordance with the statutory requirements and whether the process leading up to the agreement was fair and transparent. The court concluded that the agreement met the necessary criteria for approval and did not contain any unfair or discriminatory terms. As such, the court granted the application and approved the project agreement, allowing it to proceed as intended.

The final order of the court was to approve the DT Infrastructure (QTMP Ormeau Facility) Electrical and Construction Workers Project Agreement 2024, thereby enabling DT Infrastructure Pty Ltd to implement the agreement for the specified workforce. This decision provided clarity and legal certainty regarding the terms and conditions of employment for the workers involved in the Ormeau Facility project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established