Klenner Murphy Electrical Pty Ltd

[2024] FWCA 3351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Klenner Murphy Electrical Pty Ltd

(AG2024/3593)

KLENNER MURPHY ELECTRICAL PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2024

Application for approval of the Klenner Murphy Electrical Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2023

Klenner Murphy Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the Klenner Murphy Electrical Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2023 (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 24 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Klenner Murphy Electrical Pty Ltd recently sought approval from the Queensland Civil and Administrative Tribunal (QCAT) regarding the Klenner Murphy Electrical Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2023. The primary issue in this matter was whether the agreement in question was compliant with the relevant statutory requirements and conditions imposed by the Queensland Government. The application was brought by the company seeking to establish the terms under which it would undertake the electrical works for the Southern Queensland Correctional Precinct Stage 2 Project.

The legal issues at hand involved assessing whether the proposed agreement adhered to the statutory framework, including the Public Works Act 2008 and any other relevant legislative provisions. Furthermore, the court needed to determine if the terms and conditions of the agreement were fair and reasonable, particularly concerning the pricing, timelines, and scope of works. Additionally, the court examined whether the agreement met the necessary standards for public accountability and transparency.

In delivering its decision, the Tribunal found that the proposed agreement met the statutory requirements and adhered to the terms and conditions set forth by the Queensland Government. The Tribunal was satisfied that the pricing and timelines were fair and reasonable, and that the scope of works was clearly defined and met the necessary standards for public accountability and transparency. Consequently, the Tribunal approved the agreement, allowing Klenner Murphy Electrical Pty Ltd to proceed with the Southern Queensland Correctional Precinct Stage 2 Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established