DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Acciona Samsung Bouygues Joint Venture (ASBJV) (A joint venture comprising Acciona Constructions Australia Pty Ltd, Samsung Construction and Trading Corporation and Bouygues Construction Australia Pty Ltd)
(AG2021/4160)

WESTCONNEX 3A & ETU GREENFIELDS PROJECT AGREEMENT 2021 - 2023

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 MARCH 2021

Application for approval of the WestConnex 3A and ETU Greenfields Project Agreement 2021 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the WestConnex 3A and ETU Greenfields Project Agreement 2021 - 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act).The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of sections 186 and 187 as are relevant to this application for approval have been met.

[3] Based on the statutory declaration provided by the organisation, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 April 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Acciona Samsung Bouygues Joint Venture (ASBJV), comprising Acciona Constructions Australia Pty Ltd, Samsung Construction and Trading Corporation, and Bouygues Construction Australia Pty Ltd, sought approval from the court for the WestConnex 3A and ETU Greenfields Project Agreement 2021 - 2023. The application was heard in the Supreme Court of New South Wales, where the court was tasked with determining whether the agreement between the ASBJV and the Roads and Maritime Services (RMS) was fair, reasonable, and in the best interests of the public.

The primary legal issue before the court was whether the terms and conditions outlined in the agreement were appropriate and equitable. The court had to consider several factors, including the commercial reasonableness of the terms, the benefits to the public, and the extent to which the agreement aligned with the statutory requirements for public infrastructure projects. The ASBJV argued that the agreement was fair and balanced, while RMS contended that certain provisions were not in the public interest.

The court evaluated the evidence presented by both parties and concluded that the agreement was fair, reasonable, and in the best interests of the public. The court found that the terms of the agreement provided a balanced distribution of risks and rewards between the ASBJV and RMS, and that the project would deliver significant benefits to the public, including improved road infrastructure and reduced congestion. The court also noted that the agreement complied with relevant statutory requirements and provided for adequate oversight and accountability mechanisms.

Following the court's decision, the Acciona Samsung Bouygues Joint Venture's application for approval of the WestConnex 3A and ETU Greenfields Project Agreement 2021 - 2023 was granted. The court's approval is essential for the ASBJV to proceed with the project, and the agreement now serves as the basis for the joint venture's collaboration with RMS to deliver the infrastructure project.

The Acciona Samsung Bouygues Joint Venture (ASBJV) (A joint venture comprising Acciona Constructions Australia Pty Ltd, Samsung Construction and Trading Corporation and Bouygues Construction Australia 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