Electrical & Pumping Services Australia Pty Ltd

[2013] FWCA 4220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Electrical & Pumping Services Australia Pty Ltd
(AG2013/1554)

ELECTRICAL & PUMPING SERVICES AUSTRALIA PTY LTD QCLNG PROJECT UPSTREAM WORKS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 JUNE 2013

Application for approval of the Electrical & Pumping Services Australia Pty Ltd QCLNG Project Upstream Works Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 June 2013 by Electrical & Pumping Services Australia Pty Ltd for the approval of a Greenfields agreement known as the Electrical & Pumping Services Australia Pty Ltd QCLNG Project Upstream Works Agreement (“the Agreement”).

[2] A statutory declaration was provided by Mr P Simpson, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the 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 and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Electrical & Pumping Services Australia Pty Ltd, which sought approval for the agreement, and the Commission, which was tasked with assessing the application. The dispute centred around the terms and conditions of the agreement for the upstream works associated with the QCLNG Project. The case was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the agreement was in the public interest and whether it complied with relevant legislative requirements. The court needed to determine if the agreement appropriately balanced the interests of the company, the project stakeholders, and the public. Additionally, the court had to assess if the agreement adequately addressed environmental, safety, and operational considerations.

The court thoroughly examined the agreement, considering the submissions from both parties. It found that the agreement was in the public interest and complied with the necessary legislative requirements. The court was satisfied that the agreement appropriately balanced the interests of the involved parties and addressed the relevant environmental, safety, and operational considerations. Consequently, the court approved the agreement.

No additional orders were made beyond the approval of the agreement. The court's decision allowed Electrical & Pumping Services Australia Pty Ltd to proceed with the upstream works for the QCLNG Project, subject to the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established