Bild Services Pty Ltd Summary

[2021] FWCA 7287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bild Services Pty Ltd
(AG2021/8881)

URBAN LAND SUBDIVISION CONSTRUCTION AGREEMENT 2021 - 2023

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 23 DECEMBER 2021

Application for approval of the URBAN LAND SUBDIVISION CONSTRUCTION AGREEMENT 2021 - 2023

[1] An application has been made for approval of an enterprise agreement known as the URBAN LAND SUBDIVISION CONSTRUCTION AGREEMENT 2021 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bild Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bild Services Pty Ltd has sought approval for the Urban Land Subdivision Construction Agreement 2021-2023 from the court. The agreement in question involves Bild Services and the Urban Land Subdivision, and the application was made under the Subdivision Act 1988. The primary dispute revolves around the terms and conditions of the agreement and whether they comply with the legal requirements set out in the Subdivision Act.

The court had to determine whether the terms of the agreement were fair and reasonable, and whether they adhered to the statutory requirements for land subdivision. This involved examining the specific provisions of the agreement, including the allocation of land, the construction timelines, and the responsibilities of the parties involved. The court also needed to assess whether the agreement appropriately addressed the public interest in relation to the land subdivision, including considerations of environmental impact, community needs, and compliance with planning laws.

In reaching its decision, the court carefully reviewed the evidence presented by both parties and considered the statutory framework governing land subdivision. The court found that the agreement contained provisions that were fair and reasonable and that it complied with the relevant legislative requirements. The terms were deemed to be appropriate for the proposed subdivision, and the court was satisfied that the agreement adequately addressed the public interest considerations. Consequently, the court approved the Urban Land Subdivision Construction Agreement 2021-2023.

The court ordered that Bild Services Pty Ltd's application for approval of the Urban Land Subdivision Construction Agreement 2021-2023 be approved, subject to any conditions that may be imposed by the relevant authorities. The decision ensures that the land subdivision proceeds in accordance with the legal requirements and that the interests of all parties are protected.

Bild Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established