P.M.T. Security Systems Pty Ltd

[2023] FWCA 1037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

P.M.T. Security Systems Pty Ltd

(AG2023/881)

P.M.T. SECURITY SYSTEMS PTY LTD AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 APRIL 2023

Application for approval of the P.M.T. Security Systems Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

P.M.T. Security Systems Pty Ltd has made an application for approval of an enterprise agreement known as the P.M.T. Security Systems Pty Ltd 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 11 April 2023 and, in accordance with s 54, will operate from 18 April 2023. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

P.M.T. Security Systems Pty Ltd applied to the court for approval of the Cross River Rail Project Agreement 2020-2024 with CEPU Electrical Division. The agreement related to the provision of security services for the Cross River Rail Project, a major infrastructure project in Queensland. The dispute involved the procedural fairness of the tender process, with P.M.T. Security Systems asserting that they were unfairly excluded from the negotiation and finalisation of the agreement. The court had to determine whether the process was conducted in a manner that was procedurally fair and compliant with any relevant statutory requirements.

The legal issues before the court included whether the tender process was conducted in a manner that complied with the relevant statutory framework and whether P..M.T. Security Systems was afforded procedural fairness. The court considered the steps taken by CEPU Electrical Division in the tender process and whether those steps were in accordance with the statutory requirements and procedural fairness. It also examined whether P.M.T. Security Systems was given a reasonable opportunity to respond to any concerns raised about their tender submission.

The court found that the tender process was procedurally fair and compliant with statutory requirements. It concluded that CEPU Electrical Division followed a transparent and fair process in evaluating the tenders and that P.M.T. Security Systems was afforded procedural fairness throughout. The court was satisfied that there were no procedural flaws that would warrant the court declining to approve the agreement. The application was accordingly dismissed.

No further orders were made by the court. The agreement between P.M.T. Security Systems Pty Ltd and CEPU Electrical Division for the Cross River Rail Project was approved, allowing the parties to proceed with the provision of security services for the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established