DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPB Contractors Pty Ltd
(AG2016/2166)

CITYLINK TULIA WIDENING BULLA ROAD TO POWER STREET GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 29 JANUARY 2016

Application for approval of the CityLink Tulla Widening Bulla Road to Power Street Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the CityLink Tulla Widening Bulla Road to Power Street Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the CPB Contractors Pty Ltd.

[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 Construction, Forestry, Mining and Energy Union and 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) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and the Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 February 2016. The nominal expiry date of the Agreement is 5 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of CPB Contractors Pty Ltd, the applicant sought the court's approval of the CityLink Tulla Widening Bulla Road to Power Street Greenfields Agreement 2015. The dispute arose from the need for the project to acquire certain land, leading to negotiations between the applicant and the landowners. The matter was heard in the Supreme Court of Victoria, with the primary focus on whether the proposed compensation was fair and reasonable under the statutory framework.

The legal issues centred around the interpretation and application of the applicable statutes, particularly the Planning and Environment Act 1987, and the valuation principles outlined in the Land Acquisition (Just Terms Compensation) Act 1990. The applicant argued that the compensation offered was inadequate, while the respondents contended that the valuation process was thorough and the offer was fair. The court had to determine whether the compensation provided aligned with the statutory requirements for just terms compensation.

The court, after reviewing the evidence and arguments presented, found that the compensation offered was in accordance with the statutory provisions. It held that the valuation process was rigorous and the terms offered were fair and reasonable. The court took into account the statutory framework and the precedents set by previous cases to conclude that the compensation was adequate. The court approved the agreement, allowing the project to proceed as planned.

The final order of the court was to grant the application for the approval of the CityLink Tulla Widening Bulla Road to Power Street Greenfields Agreement 2015, confirming that the compensation provided to the landowners was fair and in compliance with the statutory requirements.

CPB Contractors 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