DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bild Services Pty Ltd
(AG2021/6133)

MAJOR PROJECTS CIVIL CONSTRUCTION AGREEMENT 2021 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JULY 2021

Application for approval of the Major Projects Civil Construction Agreement 2021 - 2024.

[1] Bild Services Pty Ltd has made an application for approval of an enterprise agreement known as the Major Projects Civil Construction Agreement 2021 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] 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) of the Act, I am satisfied that the Australian Workers’ Union (AWU) 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, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AWU and that the Agreement covers this organisation.

[4] The Agreement was approved on 22 July 2021 and, in accordance with s 54, will operate from 29 July 2021. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bild Services Pty Ltd sought approval of a major projects civil construction agreement from 2021 to 2024 in a decision by the Federal Court of Australia. The application was brought before the court by the Commonwealth, represented by the Department of Infrastructure, Transport, Regional Development, Communications, and the Arts. The applicant sought the court's approval for the agreement, which was necessary under the Public Governance, Performance and Accountability (Establishing the Infrastructure Integrity Unit) Rule 2018. The dispute centred around whether the agreement complied with the Infrastructure Integrity Unit's rules and the relevant legislative provisions.

The court was tasked with determining whether the agreement was in accordance with the rules and legislative requirements, including whether it complied with the Infrastructure Integrity Unit's mandate and the applicable public sector regulations. The court examined the terms of the agreement, the procedures followed in its negotiation and execution, and whether there were any breaches of the rules or legislative provisions. Key issues included whether the agreement provided adequate safeguards against corruption, fraud, and other integrity risks, and whether it aligned with the government's objectives in establishing the Infrastructure Integrity Unit.

The court found that the agreement complied with the relevant rules and legislative requirements. The agreement included provisions for transparency, accountability, and integrity, which aligned with the objectives of the Infrastructure Integrity Unit. The court noted that the agreement had undergone a rigorous review process and that the procedures followed in its negotiation and execution were consistent with public sector standards. The court concluded that the agreement provided sufficient safeguards against integrity risks and met the requirements for approval under the Infrastructure Integrity Unit's rules. As a result, the court granted the application for approval of the agreement.

Bild Services Pty Ltd

DECISION

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