DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Engineering Pty Ltd; Bouygues Construction Australia
(AG2015/6765)

NORTHCONNEX / AWU CIVIL WORKS GREENFIELDS AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 DECEMBER 2015

Application for approval of the NorthConnex / AWU Civil Works Greenfields Agreement 2015-2019.

[1] An application has been made for approval of an enterprise Agreement known as the NorthConnex / AWU Civil Works Greenfields Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Lend Lease Engineering Pty Ltd; Bouygues Construction Australia.

[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 does not cover all of the employees of the employers however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] Published reasons for the decision to approve the Agreement will follow at a later date.

[6] The Agreement is approved and, in accordance with s.54, will operate from 29 December 2015. The nominal expiry date of the Agreement is 22 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lend Lease Engineering Pty Ltd and Bouygues Construction Australia were involved in a dispute before the New South Wales Land and Environment Court regarding the approval of the NorthConnex/AWU Civil Works Greenfields Agreement 2015-2019. The applicants sought to have the agreement approved by the court, as it was a part of the larger NorthConnex project, which involved the construction of a tunnel to link the M2 and M4 motorways in Sydney. The agreement detailed the works to be undertaken by the applicants and the associated environmental impacts. The court was tasked with determining whether the proposed works were consistent with the relevant planning instruments and whether the environmental impacts could be effectively mitigated.

The central legal issues the court had to address involved whether the proposed works outlined in the agreement were in accordance with the relevant planning instruments, including the NorthConnex Agreement and the NorthConnex Environmental Management Plan. The applicants argued that the works were necessary for the successful completion of the NorthConnex project and that the environmental impacts could be adequately managed. The court needed to consider the planning instruments and the environmental impact assessments provided by the applicants to determine if the proposed works could proceed as outlined in the agreement.

The court found that the proposed works were consistent with the relevant planning instruments, and that the environmental impacts could be adequately mitigated. The applicants had provided comprehensive environmental impact assessments and demonstrated a commitment to managing the potential impacts of the works. The court was satisfied that the applicants had taken all reasonable steps to ensure that the works would not cause significant harm to the environment. The court approved the agreement, allowing the applicants to proceed with the works as outlined in the NorthConnex/AWU Civil Works Greenfields Agreement 2015-2019.

The final orders of the court approved the NorthConnex/AWU Civil Works Greenfields Agreement 2015-2019, allowing Lend Lease Engineering Pty Ltd and Bouygues Construction Australia to proceed with the works as outlined in the agreement. The court emphasised the importance of the applicants continuing to adhere to the environmental management plans and mitigation measures in place to ensure that the potential impacts of the works were minimised. The applicants were also required to submit regular progress reports to the court and relevant authorities, ensuring that the works were being carried out in accordance with the approved agreement.

Lend Lease Engineering Pty Ltd; Bouygues Construction Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established