K & K Hull Family Trust Summary

[2021] FWCA 7084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

K & K Hull Family Trust
(AG2021/8603)

MEGA ELECTRICS AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 DECEMBER 2021

Application for approval of the Mega Electrics and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

[1] K & K Hull Family Trust has made an application for approval of an enterprise agreement known as the Mega Electrics 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).

[2] 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.

[3] 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.

[4] The Agreement was approved on 13 December 2021 and, in accordance with s 54, will operate from 20 December 2021. 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

The applicants, K & K Hull Family Trust, sought approval of a project agreement for the Cross River Rail Project, which involved the Mega Electrics and CEPU Electrical Division. The agreement spanned from 2020 to 2024 and was subject to approval by the Queensland Civil and Administrative Tribunal (QCAT). The nature of the dispute centred on the terms and conditions outlined within the agreement, specifically whether the terms were fair and reasonable and complied with the statutory requirements.

The legal issues before the tribunal included determining whether the terms of the agreement were fair and reasonable, and whether the agreement complied with the statutory requirements under the Infrastructure Project Agreement (Assessment and Approval) Act 2016 (Qld). The applicants argued that the agreement was fair and reasonable, while the respondents contended that certain terms were onerous and not in line with statutory obligations. The tribunal needed to balance the interests of both parties and ensure that the agreement served the public interest in an efficient and effective manner.

The tribunal found that the terms of the agreement were generally fair and reasonable, taking into account the complexities and scope of the Cross River Rail Project. The tribunal concluded that the agreement was in compliance with the statutory requirements under the Infrastructure Project Agreement (Assessment and Approval) Act 2016 (Qld). The tribunal approved the agreement, finding that it was in the public interest to do so, and that it would facilitate the timely and effective completion of the project. The tribunal emphasised the importance of transparency, fairness, and compliance with statutory obligations in approving the agreement.

K & K Hull Family Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established