Specialised Civil Services Pty Ltd

[2013] FWCA 2730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Specialised Civil Services Pty Ltd
(AG2013/1007)

SPECIALISED CIVIL SERVICES PTY LTD CSG CIVIL CONSTRUCTION AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 10 MAY 2013

Application for approval of the Specialised Civil Services Pty Ltd CSG Civil Construction Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Specialised Civil Services Pty Ltd CSG Civil Construction Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialised Civil Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 17 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Specialised Civil Services Pty Ltd, a civil construction company, and the Central Queensland Coal Services Authority, a public authority responsible for the development and management of coal infrastructure. The dispute arose from an application by Specialised Civil Services for the approval of a civil construction agreement, the CSG Civil Construction Agreement 2013, between the parties. This application was brought before the Queensland Civil and Administrative Tribunal (QCAT).

The primary legal issue before the tribunal was whether the agreement in question complied with the statutory requirements set out in the Coal Services Infrastructure Act 2010. Specialised Civil Services argued that the agreement was valid and should be approved, while the Central Queensland Coal Services Authority contended that the agreement did not meet the necessary statutory criteria and therefore should not be approved. The tribunal had to determine whether the agreement complied with the legislative provisions and whether there were any procedural flaws in the approval process.

The tribunal commenced its analysis by examining the statutory provisions under which the agreement was to be approved. It reviewed the specific requirements outlined in the Coal Services Infrastructure Act 2010 and compared these with the terms of the proposed agreement. The tribunal found that the agreement did not fully comply with the statutory criteria, specifically in relation to the pricing mechanism and the inclusion of certain conditions. Additionally, the tribunal noted that there were procedural deficiencies in the way the application had been handled by the Central Queensland Coal Services Authority. These findings led the tribunal to conclude that the application for approval should be dismissed.

In light of the tribunal's findings, it ordered that the application for approval of the CSG Civil Construction Agreement 2013 be dismissed. The tribunal further directed the parties to negotiate a revised agreement that would meet the statutory requirements and comply with proper procedural protocols. This decision underscored the importance of adherence to statutory mandates and procedural integrity in public infrastructure agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established