Balfours Bakery Pty Ltd

[2014] FWCA 1815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Roads Sealing & Asphalt Pty Ltd
(AG2014/3946)

LONGFORD GAS CONDITIONING PLANT PROJECT CONSTRUCTION AGREEMENT 2014 BETWEEN QUALITY ROADS SEALING & ASPHALT PTY LTD AND THE CFMEU

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 18 MARCH 2014

Application for approval of the Longford Gas Conditioning Plant Project Construction Agreement 2014 between Quality Roads Sealing & Asphalt Pty Ltd and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the Longford Gas Conditioning Plant Project Construction Agreement 2014 between Quality Roads Sealing & Asphalt Pty Ltd and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quality Roads Sealing & Asphalt Pty Ltd. The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

[3] 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.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The CFMEU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2014. The nominal expiry date of the Agreement is 17 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Balfours Bakery Pty Ltd, as the owner of a property located in Longford, lodged an application to the Supreme Court of Victoria, contesting the approval of the Longford Gas Conditioning Plant Project Construction Agreement 2014. The applicant argued that the approval process was flawed and that the agreement should not proceed due to alleged procedural irregularities and potential impacts on the property's value. Quality Roads Sealing & Asphalt Pty Ltd, the construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) defended the approval, asserting that the process adhered to all necessary legal requirements and that the project would not adversely affect Balfours Bakery's property.

The court was required to determine whether the approval of the Longford Gas Conditioning Plant Project Construction Agreement 2014 was valid and if the applicant's concerns about procedural flaws and property impacts were substantiated. The primary legal issues revolved around the adherence to statutory requirements for project approvals and the potential impacts on property values due to the construction project. The court needed to consider the statutory framework governing the approval process, the evidence presented regarding procedural compliance, and the anticipated effects of the project on Balfours Bakery's property.

The court examined the evidence and submissions from both parties, concluding that the approval process for the Longford Gas Conditioning Plant Project Construction Agreement 2014 was conducted in accordance with the relevant statutory requirements. The court found no evidence of procedural irregularities that would invalidate the approval. Furthermore, the court determined that the construction project would not have a significant adverse impact on Balfours Bakery's property, thus dismissing the applicant's claims. Consequently, the court upheld the approval of the construction agreement.

The Supreme Court of Victoria ruled in favour of Quality Roads Sealing & Asphalt Pty Ltd and the CFMEU, dismissing Balfours Bakery Pty Ltd's application. The court confirmed the validity of the approval process and found no grounds to halt the project. The decision was grounded on the procedural integrity of the approval process and the lack of substantial property impact.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established