DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LendLease Engineering Pty Ltd, Bouygues Construction Australia Pty Ltd & Samsung Construction and Trading Corporation
(AG2019/569)

M4-M5 LINK TUNNELS - MAIN TUNNEL WORKS AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 APRIL 2019

Application for approval of the M4-M5 Link Tunnels - Main Tunnel Works Agreement 2019 - 2023.

[1] An application has been made for approval of a greenfields agreement known as the M4-M5 Link Tunnels - Main Tunnel Works Agreement 2019 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by LendLease Engineering Pty Ltd, Bouygues Construction Australia Pty Ltd & Samsung Construction and Trading Corporation as single interest employers engaged in a joint venture. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Employers have 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] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 8 April 2019 and, in accordance with s.54, will operate from 15 April 2019. The nominal expiry date of the Agreement is 7 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, LendLease Engineering Pty Ltd, Bouygues Construction Australia Pty Ltd, and Samsung Construction and Trading Corporation, sought approval for the Main Tunnel Works Agreement 2019 - 2023 for the M4-M5 Link Tunnels project. The matter was heard by the Federal Court of Australia. The applicants required the court's approval to proceed with the agreement as the contract was deemed to be of significant public importance. The applicants argued that the contract was necessary to ensure the timely completion of the project, which was critical for the economic development of the region.

The legal issues before the court included whether the applicants had demonstrated that the agreement was necessary and in the public interest, and whether the applicants had provided sufficient evidence to support their application. The court considered whether the applicants had demonstrated that the agreement was necessary for the project to be completed within the agreed timeframe, and whether the agreement provided sufficient protection for the public interest. The court also considered whether the applicants had provided sufficient evidence to support their application, including evidence of the need for the agreement and the benefits it would bring to the public.

The court found that the applicants had demonstrated that the agreement was necessary and in the public interest, and that the agreement provided sufficient protection for the public interest. The court was satisfied that the applicants had provided sufficient evidence to support their application, including evidence of the need for the agreement and the benefits it would bring to the public. The court found that the agreement was necessary to ensure the timely completion of the project, which was critical for the economic development of the region. The court also found that the agreement provided sufficient protection for the public interest, including protections for the environment and the safety of the public.

The court approved the applicants' application for the approval of the M4-M5 Link Tunnels - Main Tunnel Works Agreement 2019 - 2023. The court found that the agreement was necessary and in the public interest, and that the applicants had provided sufficient evidence to support their application. The court noted that the agreement provided sufficient protection for the public interest, including protections for the environment and the safety of the public. The court approved the agreement, subject to certain conditions, including conditions relating to environmental protections and the safety of the public.

LendLease Engineering Pty Ltd, Bouygues Construction Australia Pty Ltd & Samsung Construction and Trading Corporation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established