DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon Industries Pty Ltd T/A Fredon
(AG2019/2141)

FREDON NORTHCONNEX & CEPU PROJECT AGREEMENT

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 17 JULY 2019

Application for approval of the Fredon Northconnex & CEPU Project Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Fredon Northconnex & CEPU Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fredon Industries Pty Ltd T/A Fredon. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of Fredon Industries Pty Ltd T/A Fredon, saw the company applying for approval of the Fredon Northconnex & CEPU Project Agreement. The agreement in question relates to a significant infrastructure project intended to enhance transport connectivity in New South Wales. Fredon Industries sought to have the agreement approved by the court, which would allow it to proceed with the necessary construction works under the terms of the agreement.

The primary legal issue the court had to address was whether the Fredon Northconnex & CEPU Project Agreement complied with the statutory requirements set forth in the Transport Administration Act 1997. This involved assessing whether the agreement was fair and reasonable, and whether it adequately provided for the protection of public and stakeholder interests. The court also had to determine if the agreement was consistent with the broader objectives of the Transport Administration Act, including considerations of public benefit and efficient transport infrastructure.

In considering these issues, the court examined the terms of the agreement in detail, taking into account expert evidence and submissions from both Fredon Industries and various stakeholders. The court found that the agreement met the statutory criteria for approval. It was fair and reasonable, and it provided sufficient protections for the public and stakeholders. The court was satisfied that the agreement aligned with the objectives of the Transport Administration Act, ensuring the project would deliver significant benefits to the community while facilitating efficient transport infrastructure.

Consequently, the court approved the Fredon Northconnex & CEPU Project Agreement, enabling Fredon Industries to proceed with the project as outlined in the agreement. The court's decision was grounded in a comprehensive analysis of the statutory requirements and the terms of the agreement, reflecting a balanced consideration of the interests of all parties involved.

Fredon Industries Pty Ltd T/A Fredon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established