NCI Contracting Pty Ltd and NCI Civil Pty Ltd Summary

[2025] FWCA 1317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NCI Contracting Pty Ltd and NCI Civil Pty Ltd

(AG2025/1000)

NATIONAL CABLE INSTALLATIONS AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2025

Application for approval of the National Cable Installations and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

NCI Contracting Pty Ltd and NCI Civil Pty Ltd (trading as National Cable Installations) have made an application for approval of an enterprise agreement known as the National Cable Installations and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 22 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, NCI Contracting Pty Ltd and NCI Civil Pty Ltd, sought approval from the Fair Work Commission for the proposed enterprise agreement with the National Cable Installations and CEPU Electrical Division Queensland Cross River Rail Project. The agreement was intended to govern the employment conditions for the employees of the applicants. The application was brought before the Fair Work Commission, which is the body responsible for approving such agreements under Australian labour law.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement was in the public interest and whether it complied with the requirements of the Fair Work Act. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith and without coercion.

The Fair Work Commission determined that the proposed agreement met the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith and without coercion. The Commission also found that the agreement was in the public interest, as it provided for the fair and efficient resolution of workplace issues and promoted industrial peace. The Commission approved the proposed agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission made orders approving the National Cable Installations and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027, subject to certain modifications. The applicants were directed to implement the approved agreement, and the agreement was registered with the Fair Work Commission. The applicants were also directed to provide a copy of the approved agreement to all affected employees.

NCI Contracting Pty Ltd and NCI Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established