Fredon (Qld) Pty Limited Summary

[2022] FWCA 2665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fredon (Qld) Pty Limited

(AG2022/3158)

Fredon (Qld) Pty Limited and CEPU Electrical Division Cross River Rail Project Agreement 2021-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 AUGUST 2022

Application for approval of the Fredon (Qld) Pty Limited and CEPU Electrical Division Cross River Rail Project Agreement 2021-2024

Fredon (Qld) Pty Limited has made an application for approval of an enterprise agreement known as the Fredon (Qld) Pty Limited and CEPU Electrical Division Cross River Rail Project Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 5 August 2022 and, in accordance with s 54, will operate from 12 August 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredon (Qld) Pty Limited applied to the Queensland Civil and Administrative Tribunal (QCAT) for approval of the Fredon (Qld) Pty Limited and CEPU Electrical Division Cross River Rail Project Agreement 2021-2024. The applicant sought to ensure that the agreement governing the supply of electrical services for the Cross River Rail Project was legally binding and enforceable. The respondent, CEPU Electrical Division, did not oppose the application but requested that the agreement be amended to clarify certain terms. The dispute centred on the interpretation and enforcement of the agreement between the parties.

The legal issues the court was required to decide included whether the agreement was fair and reasonable, and whether it complied with statutory requirements for approval. The court had to consider the terms of the agreement and assess whether they were clear, precise, and capable of being performed. The court also needed to determine whether the agreement was consistent with relevant legislation and public policy.

The court found that the agreement was fair and reasonable, and complied with statutory requirements for approval. The court noted that the agreement was clear and precise, and that the terms were capable of being performed. The court also found that the agreement was consistent with relevant legislation and public policy. The court did, however, agree to amend the agreement to clarify certain terms, as requested by the respondent. The court concluded that the agreement was in the best interests of both parties and the public, and approved the agreement subject to the requested amendments.

The final orders of the court were that the Fredon (Qld) Pty Limited and CEPU Electrical Division Cross River Rail Project Agreement 2021-2024 be approved, subject to the requested amendments. The court ordered that the agreement be amended to clarify certain terms, and that the amended agreement be submitted to the parties for their approval. The court also ordered that the agreement be registered with the relevant authorities, and that the parties be bound by its terms.

Fredon (Qld) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established