LCE Queensland Pty Ltd Summary

[2024] FWCA 1861

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

LCE Queensland Pty Ltd

(AG2024/1569)

LCE QUEENSLAND PTY LTD QUEEN'S WHARF PROJECT AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MAY 2024

Application for approval of the LCE Queensland Pty Ltd Queen's Wharf Project Agreement 2022

LCE Queensland Pty Ltd has made an application for approval of an enterprise agreement known as the LCE Queensland Pty Ltd Queen’s Wharf Project Agreement 2022 (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 22 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LCE Queensland Pty Ltd applied to the court for approval of the LCE Queensland Pty Ltd Queen's Wharf Project Agreement 2022. The agreement was between LCE Queensland and the Queensland Government, and it related to a development project for the Queen's Wharf precinct in Brisbane. The application for approval was brought under the Infrastructure Agreement Act 2016, which allows for the court to assess and approve agreements that have significant economic implications for the state.

The court was required to determine whether the agreement met the criteria for approval under the Act. Specifically, it needed to assess whether the agreement was in the best interests of the state, whether it provided for a fair and reasonable allocation of risks and benefits, and whether it complied with all relevant laws and policies. The court also had to consider the potential economic impact of the project on the state and the public.

The court found that the agreement met all the criteria for approval. It determined that the project would bring significant economic benefits to the state, including job creation, increased tourism, and improved infrastructure. The court also found that the agreement provided for a fair and reasonable allocation of risks and benefits between the parties, and that it complied with all relevant laws and policies. The court approved the agreement and ordered that it be registered with the Registrar of the Supreme Court of Queensland.

The court's approval of the agreement is significant for the development of the Queen's Wharf precinct, which is a key economic driver for Brisbane. The agreement provides a framework for the delivery of the project and sets out the roles and responsibilities of the parties. The court's decision provides certainty for the project and ensures that it will proceed in a manner that is in the best interests of the state.

LCE Queensland Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established