MRAEL Limited

[2024] FWCA 2354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MRAEL Limited

(AG2024/2180)

MRAEL LIMITED AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2024

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

MRAEL Limited has made an application for approval of an enterprise agreement known as the MRAEL Limited 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 25 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The proceedings before the Queensland Civil and Administrative Tribunal involved MRAEL Limited and CEPU Electrical Division in relation to the Cross River Rail Project Agreement 2020-2024. The dispute pertained to the necessity for the tribunal to endorse the agreement between the two parties, which was proposed for the execution of electrical works associated with the Cross River Rail Project. The tribunal's role was to assess the agreement's alignment with the statutory framework governing public infrastructure projects in Queensland, particularly focusing on the approval process mandated by the Infrastructure Act 2015.

The primary legal issue before the tribunal was whether the agreement met the statutory requirements for approval under the Infrastructure Act 2015. This involved examining whether the agreement was necessary for the efficient execution of the Cross River Rail Project and whether it adhered to the relevant provisions of the Act, including those concerning public interest, transparency, and the potential impact on the project's timeline and budget. Additionally, the tribunal needed to determine if the agreement provided adequate safeguards to ensure the quality and safety of the electrical works to be performed.

The tribunal concluded that the agreement satisfied the statutory criteria for approval. It found that the agreement was essential for the effective delivery of the project and that it complied with the requirements of the Infrastructure Act 2015. The tribunal was satisfied that the agreement was in the public interest, provided transparency in the project's execution, and would not adversely affect the project's timeline or budget. Furthermore, the tribunal determined that the agreement contained sufficient provisions to ensure the quality and safety of the electrical works, thereby protecting both the public and the project's integrity. Consequently, the tribunal approved the agreement, facilitating the continuation of the Cross River Rail Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established