SIMPEC Pty Ltd Summary

[2024] FWCA 1931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SIMPEC Pty Ltd

(AG2024/1649)

SIMPEC PTY LTD AND CEPU ELECTRICAL DIVISION CROSS RIVER RAIL PROJECT AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2024

Application for approval of the SIMPEC Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

SIMPEC Pty Ltd has made an application for approval of an enterprise agreement known as the SIMPEC 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 28 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Supreme Court of Queensland, SIMPEC Pty Ltd applied for approval of the SIMPEC Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024. The application was brought pursuant to section 319 of the Building and Construction Industry Payments Act 2004. The respondent, CEPU Electrical Division, opposed the application on the basis that SIMPEC Pty Ltd had failed to provide sufficient information to enable CEPU Electrical Division to assess the application, and therefore, the application should be dismissed.

The legal issue before the court was whether SIMPEC Pty Ltd had provided sufficient information to enable CEPU Electrical Division to assess the application. The court found that SIMPEC Pty Ltd had not provided sufficient information for CEPU Electrical Division to assess the application, and therefore, the application should be dismissed. The court held that the information provided by SIMPEC Pty Ltd was not sufficient to enable CEPU Electrical Division to assess whether the application complied with the statutory requirements. The court held that the information provided by SIMPEC Pty Ltd was insufficient because it did not include details of the payment claims made by CEPU Electrical Division, the amounts claimed, or the basis of those claims.

The court held that the failure to provide sufficient information was a fundamental defect in the application and that it could not be remedied by the parties providing further information after the application had been made. The court held that the application was therefore invalid and should be dismissed. The court dismissed the application for approval of the agreement and made no orders as to costs.

SIMPEC Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established