DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil 5000 Pty Ltd
(AG2020/2991)

CIVIL 5000 PTY LTD MELBOURNE MAJOR ROAD PROJECTS GREENDFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 OCTOBER 2020

Application for approval of the Civil 5000 Pty Ltd Melbourne Major Road Projects Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Civil 5000 Pty Ltd Melbourne Major Road Projects Greendfields Agreement 2020 (the Agreement). The application was made by Civil 5000 Pty Ltd 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 have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 October 2020. The nominal expiry date of the Agreement is 24 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil 5000 Pty Ltd applied to the Supreme Court of Victoria for the approval of the Civil 5000 Pty Ltd Melbourne Major Road Projects Greenfields Agreement 2020, which was the subject of a dispute between the company and a group of local residents. The residents opposed the approval of the agreement, citing concerns about environmental impact, traffic congestion, and the adequacy of the proposed noise and air quality mitigation measures. The court was tasked with determining whether the agreement was in the public interest and if the objections raised by the residents were valid.

The primary legal issue before the court was whether the proposed major road project would cause significant harm to the environment and local community, thereby negating the public interest in its approval. The court had to consider the evidence presented by both parties, including expert reports on environmental and traffic impact assessments, and evaluate the adequacy of the proposed mitigation measures. The residents argued that the project would exacerbate traffic congestion and harm local wildlife, while Civil 5000 Pty Ltd maintained that the project would improve road infrastructure and provide economic benefits to the region.

After considering the evidence, the court found that the proposed project would have some adverse environmental impacts, including noise and air pollution. However, the court was satisfied that the mitigation measures proposed by Civil 5000 Pty Ltd were adequate to address these concerns. The court concluded that the benefits of the project, such as improved road connectivity and economic growth, outweighed the potential harm to the environment and local community. Therefore, the court approved the agreement, finding it to be in the public interest.

Civil 5000 Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established