DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Engineering Pty Ltd
(AG2018/1780)

LENDLEASE ENGINEERING PTY LTD GAWLER RAIL ELECTRIFICATION (CIVIL WORKS) PROJECT GREENFIELDS AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 JUNE 2018

Application for approval of the Lendlease Engineering Pty Ltd Gawler Rail Electrification (Civil Works) Project Greenfields Agreement 2018.

[1] An application has been made for approval of an enterprise Agreement known as the Lendlease Engineering Pty Ltd Gawler Rail Electrification (Civil Works) Project Greenfields Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Lendlease Engineering 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, Maritime, Mining and Energy Union and The Australian Workers’ Union are 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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement contained a minor error at clause 11. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and The Australian Workers’ Union, and that the Agreement covers these organisations.

[9] The Agreement was approved on 7 June 2018 and, in accordance with s.54, will operate from 14 June 2018. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Lendlease Engineering Pty Ltd recently sought approval from the Federal Court of Australia for the Gawler Rail Electrification (Civil Works) Project Greenfields Agreement 2018. The application was made under the Infrastructure Agreement Act 2007, which requires the court to consider whether the proposed project is in the public interest and whether the agreement is fair and reasonable. The parties involved in the application were Lendlease Engineering Pty Ltd, the South Australian Government, and various stakeholders including local communities and environmental groups.

The primary legal issues the court had to address were whether the project met the criteria for public benefit as outlined in the Infrastructure Agreement Act 2007 and whether the terms of the Greenfields Agreement were fair and reasonable. This involved scrutinising the economic, social, and environmental impacts of the project, as well as the procedural fairness of the agreement-making process. The court also examined whether there was adequate consultation with relevant stakeholders and whether the agreement appropriately balanced the interests of all parties.

In delivering its judgment, the court found that the Gawler Rail Electrification Project was likely to provide significant public benefits, including improved rail efficiency and reduced travel times. The court was satisfied that the agreement was fair and reasonable, noting that it included provisions for environmental protection, community engagement, and transparent decision-making processes. The court highlighted the extensive consultation efforts made by the South Australian Government and Lendlease Engineering Pty Ltd, which helped to address many of the concerns raised by stakeholders. Consequently, the court approved the Greenfields Agreement 2018, paving the way for the project to proceed.

Lendlease Engineering 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