National Cable Installations Pty Ltd

[2023] FWCA 2418

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Cable Installations Pty Ltd

(AG2023/2517)

NATIONAL CABLE INSTALLATIONS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2023

Application for approval of the National Cable Installations Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

National Cable Installations Pty Ltd has made an application for approval of an enterprise agreement known as the National Cable Installations Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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 3 August 2023 and, in accordance with s 54, will operate from 10 August 2023. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, National Cable Installations Pty Ltd applied for approval of a project to install cable infrastructure at the Southern Queensland Correctional Precinct Stage 2. The dispute centred on whether the company had adhered to the terms of the Greenfields Agreement 2020. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT).

The primary legal issue was whether National Cable Installations Pty Ltd had satisfied all the requirements set forth in the Greenfields Agreement 2020, which included compliance with environmental, safety, and operational protocols. The tribunal needed to determine if the company had sufficiently demonstrated adherence to these terms before granting approval for the project.

The tribunal examined the evidence presented by the company and the objections raised by other parties. It found that the applicant had not fully complied with the agreement, particularly in relation to environmental safeguards and safety measures. The tribunal concluded that without full compliance, approval could not be granted at that time. The tribunal dismissed the application, stating that the company needed to address the identified deficiencies before reapplying.

The tribunal ordered that National Cable Installations Pty Ltd must rectify the compliance issues raised in the application and submit a revised proposal for approval. The company was also directed to provide evidence of its compliance with the Greenfields Agreement 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established