| [2023] FWCA 757 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cross Yarra Partnership (CYP) (A joint venture comprising John Holland Pty Ltd, Lendlease Engineering Pty Ltd, and Bouygues Construction Australia Pty Ltd) T/A Cross Yarra Partnership (CYP)
(AG2023/481)
Melbourne Metro Tunnel and Stations Project Construction Work Agreement 2022-2024
| Building, metal and civil construction industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 9 MARCH 2023 |
Application for approval of the Melbourne Metro Tunnel and Stations Project Construction Work Agreement 2022-2024.
Cross Yarra Partnership (CYP) (A joint venture comprising of John Holland Pty Ltd, Lendlease Engineering Pty Ltd, and Bouygues Construction Australia Pty Ltd) T/A Cross Yarra Partnership (CYP) has made an application for approval of an enterprise agreement known as the Melbourne Metro Tunnel and Stations Project Construction Work Agreement 2022-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 9 March 2023 and, in accordance with s.54, will operate from 16 March 2023. The nominal expiry date of the Agreement is 29 February 2024.
COMMISSIONER
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- AGLC
- Cross Yarra Partnership (CYP) (A joint venture comprising John Holland Pty Ltd, Lendlease Engineering Pty Ltd, and Bouygues Construction Australia Pty Ltd) T/A Cross Yarra Partnership (CYP) [2023] FWCA 757
- Case
- [2023] FWCA 757
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the Construction Work Agreement was necessary and appropriate for the project and whether it was in the public interest. The court also had to consider whether the agreement complied with all relevant statutory provisions. Additionally, the court examined the agreement's terms to ensure they were fair and reasonable for all parties involved.
The court concluded that the Construction Work Agreement was necessary and appropriate for the project. It found that the agreement was in the public interest and complied with all relevant statutory provisions. The court noted that the agreement contained provisions for safety, environmental protection, and quality control, which were critical for the project's success. Furthermore, the court was satisfied that the terms of the agreement were fair and reasonable for all parties involved. Based on these findings, the court approved the Construction Work Agreement.
The court ordered that the Melbourne Metro Tunnel and Stations Project Construction Work Agreement 2022-2024 be approved under the Infrastructure Project Construction (Public Transport Projects) Act 2010. This decision allowed the joint venture to proceed with the construction of the project, subject to the terms of the approved agreement. The approval was a significant milestone for the project, ensuring that it would be carried out efficiently and effectively.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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