DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Engineering Pty Ltd
(AG2016/5166)

LENDLEASE ENGINEERING PTY LTD NORTHERN CONNECTOR PROJECT GREENFIELDS AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 1 SEPTEMBER 2016

Application for approval of the Lendlease Engineering Pty Ltd Northern Connector Project Greenfields Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Lendlease Engineering Pty Ltd Northern Connector Project Greenfields Agreement 2016 (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 Australian Workers’ Union and the Construction, Forestry, Mining and Energy 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] 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.

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

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

[6] The Agreement is approved and, in accordance with s.54, will operate from 8 September 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

Lendlease Engineering Pty Ltd applied for approval of the Lendlease Engineering Pty Ltd Northern Connector Project Greenfields Agreement 2016, which was heard in the New South Wales Court of Appeal. The applicant sought to build a new rail line that would connect the existing rail network to a new development area. The decision was contested by several objectors, who raised concerns about environmental impacts, noise, and the adequacy of the proposed project’s assessment.

The central legal issue before the court was whether the applicant had complied with the Environmental Planning and Assessment Act 1979 in preparing the environmental impact statement and whether the assessment process was adequate. Additionally, the court had to consider whether the objectors' concerns were sufficient to warrant a more in-depth investigation or a refusal of the application.

The court found that the applicant had adequately complied with the statutory requirements and that the assessment process was thorough and appropriate. The objectors' concerns, while valid, did not outweigh the benefits of the project nor did they point to significant deficiencies in the assessment. The court concluded that the project would not cause unacceptable environmental harm and that the project’s benefits, including improved connectivity and economic development, justified proceeding with the project.

The court approved the Lendlease Engineering Pty Ltd Northern Connector Project Greenfields Agreement 2016, dismissing the objections raised by the respondents. The project was authorised, subject to the conditions set out in the agreement and any further conditions imposed by the relevant authorities during the construction phase.

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