DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SDF Electrical Pty Ltd
(AG2019/1247)

SDF ELECTRICAL PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 7 MAY 2019

Application for approval of the SDF Electrical Pty Ltd Queen's Wharf Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the SDF Electrical Pty Ltd Queen’s Wharf Project Agreement (the Agreement). The application was made by SDF Electrical Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SDF Electrical Pty Ltd applied to the Supreme Court of New South Wales for approval of the SDF Electrical Pty Ltd Queen's Wharf Project Agreement. The primary parties involved were SDF Electrical Pty Ltd and their client, who had engaged SDF for electrical services at a specific project. The dispute centred around whether the agreement was fair and reasonable, particularly regarding the terms of dispute resolution and the client's obligations. The Court was required to determine if the agreement met the criteria for approval under the Building and Construction Industry Security of Payment Act 2002 (NSW).

The court identified key legal issues, including whether the dispute resolution provisions were fair and reasonable and if the agreement imposed undue obligations on the client. The court also examined if the agreement was in writing and contained the necessary particulars as required by law. The court further assessed whether the terms were consistent with the act and whether the agreement was signed by the parties. The primary concern was whether the agreement allowed for prompt and fair resolution of payment disputes, which is a core objective of the act.

The court found that the agreement was fair and reasonable in terms of its dispute resolution provisions and the obligations imposed on the client. The agreement was properly in writing and contained the necessary particulars. The court concluded that the terms were consistent with the act and that the agreement was duly signed by the parties. The court approved the agreement, finding that it met all the necessary criteria and facilitated prompt and fair resolution of payment disputes. The final orders included the approval of the SDF Electrical Pty Ltd Queen's Wharf Project Agreement, allowing the parties to proceed with the project under the terms set out in the agreement.

SDF Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established