DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Limited T/A CPB Contractors
(AG2020/929)

MELBOURNE MAJOR ROAD PROJECTS GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 15 APRIL 2020

Application for approval of the Melbourne Major Road Projects Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Melbourne Major Road Projects Greenfields Agreement 2020 (the Agreement). The application was made by CPB Contractors Pty Limited T/A CPB Contractors pursuant to s.185 of the Fair Work Act 2009 (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] The Agreement is approved and, in accordance with s.54, will operate from 22 April 2020. The nominal expiry date of the Agreement is 24 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of CPB Contractors Pty Limited, trading as CPB Contractors, the applicant sought approval of the Melbourne Major Road Projects Greenfields Agreement 2020. The application was made in the Federal Court of Australia, where the primary focus was on the compliance and procedural fairness aspects of the agreement. The defendant, the Minister for Infrastructure and Transport, opposed the application, raising issues related to the procedural fairness and compliance with the Competition and Consumer Act 2010 (Cth). The court was tasked with determining whether the agreement met the necessary legal standards and if the application process adhered to the requisite procedural fairness.

The primary legal issue before the court was whether the application for approval of the agreement was conducted in a manner that was procedurally fair and whether the agreement itself complied with the Competition and Consumer Act. The court needed to assess if the process followed by the Minister in considering the application was fair and whether the applicant had an opportunity to respond to any concerns raised during the process. Additionally, the court examined if the agreement's terms were consistent with the Act, particularly focusing on whether they promoted competition or had the potential to substantially lessen competition in the relevant market.

The court found that the application process was procedurally fair, as the applicant was provided with adequate opportunities to present its case and respond to the concerns raised by the Minister. The court also concluded that the agreement complied with the Competition and Consumer Act. It determined that the terms of the agreement did not substantially lessen competition and that they were necessary for the public benefit in facilitating major road projects. Consequently, the court approved the application for the Melbourne Major Road Projects Greenfields Agreement 2020, finding it to be in the public interest and compliant with the relevant legislation.

The final order of the court was to approve the Melbourne Major Road Projects Greenfields Agreement 2020, subject to the terms and conditions outlined in the agreement. The court's decision affirmed the procedural fairness of the application process and the compliance of the agreement with the Competition and Consumer Act. This ruling ensures that the major road projects can proceed with the necessary infrastructure improvements while maintaining competition and public benefit standards.

CPB Contractors Pty Limited T/A CPB Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established