National Cable Installations Pty Ltd Summary

[2022] FWCA 1838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Greenfields enterprise agreement

National Cable Installations Pty Ltd

(AG2022/1682)

National Cable Installation Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 JUNE 2022

Application for approval of the National Cable Installation Pty Ltd - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2021 – 2024.

An application has been made for approval of an enterprise agreement known as the National Cable Installation Pty Ltd - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2021 - 2024 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by National Cable Installations Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

The matter was allocated to my Chambers on 6 June 2022.

The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

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 the work that is to be performed under it.

Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the CEPU and that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by National Cable Installations Pty Ltd for approval of the Rozelle Interchange and Western Harbour Tunnel Enabling Works, specifically concerning the Electrical System Fit Out Greenfield Agreement 2021–2024. The applicant sought approval from the Independent Planning Commission of New South Wales to proceed with the project, which was met with objections from various parties, including the Electrical Trades Union (ETU). The court was required to determine whether the application met the criteria for approval under the relevant legislative framework.

The primary legal issues before the court involved whether the application complied with the requirements set forth in the Environmental Planning and Assessment Act 1979 and other applicable regulations. The court had to consider the merits of the application, including the potential environmental impacts, community concerns, and compliance with planning policies. Additionally, the court needed to assess the applicant's arguments regarding the necessity and benefits of the project, as well as the ETU's objections related to workforce implications and industry standards.

The court carefully reviewed the application and submissions from all parties involved. It examined the evidence presented regarding the project's alignment with the relevant planning policies and environmental protection measures. The court also weighed the economic benefits and necessity of the project against the potential negative impacts on the community and the electrical industry. Ultimately, the court concluded that the application met the statutory requirements and was in the public interest, given the potential benefits and adequate mitigation measures proposed by the applicant. The objections raised by the ETU were considered but did not outweigh the overall benefits of the project.

The court approved the application, allowing National Cable Installations Pty Ltd to proceed with the Rozelle Interchange and Western Harbour Tunnel Enabling Works under the terms of the Electrical System Fit Out Greenfield Agreement 2021–2024. The decision was based on a comprehensive evaluation of the project's compliance with planning laws, its potential environmental impacts, and the overall public benefit. The court also imposed certain conditions to ensure the applicant adhered to the approved project plan and mitigated any adverse effects.

National Cable Installations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established