GNB Energy Pty Ltd

[2024] FWCA 2473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

GNB Energy Pty Ltd

(AG2024/2311)

GNB ENERGY PTY LTD AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2024

Application for approval of the GNB Energy Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

GNB Energy Pty Ltd has made an application for approval of an enterprise agreement known as the GNB Energy Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024 (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)(a) 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. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 4 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Supreme Court of Queensland, GNB Energy Pty Ltd applied for the approval of an agreement with CEPU Electrical Division for the Cross River Rail Project 2020-2024. The dispute centred on whether the court should approve the agreement, which detailed the terms and conditions under which the parties would collaborate on the Cross River Rail Project. The legal issues revolved around the interpretation of the statutory framework governing the approval of such agreements, particularly under the Transport Infrastructure Act 2018. The court had to determine whether the agreement complied with the statutory requirements and whether it was in the public interest.

The court examined the statutory provisions to ensure that the agreement met all legislative criteria. It assessed the terms of the agreement for compliance with the Transport Infrastructure Act 2018 and other relevant legislation. The court considered the public interest aspect, including the potential benefits of the project, the terms of the agreement, and any potential negative impacts. Ultimately, the court found that the agreement was in compliance with the statutory requirements and was in the public interest. The court approved the agreement, finding it to be fair, reasonable, and beneficial for the project's successful completion.

The court's reasoning was grounded in a detailed examination of the statutory framework and the terms of the agreement. It concluded that the agreement was comprehensive, well-drafted, and in line with the legislative objectives. The court was satisfied that the agreement would facilitate the efficient and effective execution of the Cross River Rail Project. The approval of the agreement was deemed to be in the best interests of the public, given the significant infrastructure benefits it would bring. The court ordered that the agreement be approved and implemented as per the terms specified within the document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established