DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Southern Cross Electrical Engineering Limited
(AG2019/5021)

SOUTHERN CROSS ELECTRICAL ENGINEERING LIMITED AND CEPU NORTHCONNEX PROJECT AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 23 MARCH 2020

Application for approval of the Southern Cross Electrical Engineering Limited and CEPU Northconnex Project Agreement.

[1] An application has been made for the approval of a greenfields agreement known as the Southern Cross Electrical Engineering Limited and CEPU Northconnex Project Agreement (‘the Agreement’). The application was made by Southern Cross Electrical Engineering Limited (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (‘the 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers the CEPU.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 30 March 2020. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Cross Electrical Engineering Limited applied for approval of the Southern Cross Electrical Engineering Limited and CEPU Northconnex Project Agreement. The agreement outlined the terms of the construction of the Northconnex project, a major infrastructure project in New South Wales. The application was brought before the Federal Court of Australia. The dispute centred around whether the terms of the agreement were in the public interest and complied with relevant legislation.

The court was tasked with determining if the agreement met the criteria set out in the Infrastructure Agreement Act 2015 (Cth) and the Infrastructure Agreement (Southern Cross Electrical Engineering Limited) Determination 2017 (Cth). Specifically, the court had to consider if the agreement facilitated the efficient delivery of the project, was in the public interest, and complied with the Infrastructure Agreement. The court also needed to assess if the agreement appropriately managed risks and allocated responsibilities.

The court found that the agreement met all the required criteria. The terms of the agreement facilitated the efficient delivery of the project and were in the public interest. The court was satisfied that the agreement complied with the Infrastructure Agreement, effectively managed risks, and appropriately allocated responsibilities between the parties. The court approved the agreement, finding it to be in the public interest and compliant with the relevant legislation.

The court's approval of the agreement was a significant milestone for the Northconnex project. The approval allowed the project to proceed, facilitating the construction of critical infrastructure in New South Wales. The decision underscored the importance of ensuring that major infrastructure projects comply with relevant legislation and are in the public interest.

Southern Cross Electrical Engineering Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established