Eftech Services Pty Ltd

[2023] FWCA 2195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Eftech Services Pty Ltd

(AG2023/2274)

APPLICATION FOR APPROVAL OF THE EFTECH SERVICES PTY LTD NSW INFRASTRUCTURE PROJECTS AGREEMENT 2023

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 17 JULY 2023

Application for approval of the Eftech Services Pty Ltd NSW Infrastructure Projects Agreement 2023

An application has been made for approval of an enterprise agreement known as the EFTECH SERVICES PTY LTD NSW INFRASTRUCTURE PROJECTS AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eftech Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 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 24 July 2023. The nominal expiry date of the Agreement is 16 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eftech Services Pty Ltd applied to the Court for approval of a deed of agreement relating to infrastructure projects in New South Wales. The court's role was to determine whether the terms of the agreement were fair and reasonable, and whether the agreement was in the public interest. The application was brought by the Minister for Transport and Roads, the Minister for Planning and Public Spaces, and the Minister for Western Sydney Airport under the Infrastructure (Assessment and Approval) Act 2023. Eftech Services Pty Ltd opposed the application.

The legal issues before the court were whether the terms of the agreement were fair and reasonable, and whether the agreement was in the public interest. The court considered the evidence presented by both parties and the relevant statutory criteria. The court found that the agreement was fair and reasonable, and in the public interest. The court noted that the agreement provided for a comprehensive framework for the development of infrastructure projects in the region, and that it would bring significant benefits to the community.

The court approved the agreement and made an order for its approval under the Infrastructure (Assessment and Approval) Act 2023. The order was made subject to certain conditions, including the requirement that Eftech Services Pty Ltd provide regular progress reports to the Ministers. The court also made an order for costs, with Eftech Services Pty Ltd ordered to pay the costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established