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

[2019] FWCA 2291

[2019] FWCA 2291

FAIR WORK COMMISSION

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

<AE502737  PR706603>

Annexure A