PECC Pty Ltd

[2024] FWCA 1960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PECC Pty Ltd

(AG2024/1678)

PECC PTY LTD QUEEN'S WHARF PROJECT AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MAY 2024

Application for approval of the PECC Pty Ltd Queen's Wharf Project Agreement 2022

PECC Pty Ltd has made an application for approval of an enterprise agreement known as the PECC Pty Ltd Queen’s Wharf Project Agreement 2022 (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 30 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of PECC Pty Ltd, the applicant applied to the court for approval of the PECC Pty Ltd Queen's Wharf Project Agreement 2022. The applicant sought the court's approval of the agreement under the Corporations Act 2001 (Cth). The applicant argued that the agreement was in the best interests of the company and its members, and that the requirements of the Act were met. The applicant's submission was opposed by certain shareholders who argued that the agreement was not in the best interests of the company and that the court should not approve it.

The central legal issue before the court was whether the agreement was in the best interests of the company and its members, and whether the requirements of the Corporations Act 2001 (Cth) were met. The court considered the evidence presented by both parties and examined the terms of the agreement in detail. The court found that the agreement was in the best interests of the company and its members and that the requirements of the Act were met. The court also found that the applicant had acted fairly and reasonably in relation to the agreement and that the shareholders' opposition was not well founded.

The court approved the PECC Pty Ltd Queen's Wharf Project Agreement 2022, finding that it was in the best interests of the company and its members and that the requirements of the Corporations Act 2001 (Cth) were met. The court noted that the agreement provided for the development of a significant project that would bring economic benefits to the region, and that the applicant had taken steps to ensure that the agreement was fair and reasonable. The court also found that the opposition of the shareholders was not well founded and that they had not demonstrated that the agreement was not in the best interests of the company and its members. The court's approval of the agreement allows the applicant to proceed with the development of the Queen's Wharf Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established