DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advanced Weather Proofing Pty Ltd
(AG2020/1713)

ADVANCED WEATHER PROOFING PTY LTD MELBOURNE METRO TUNNEL AND STATIONS PROJECT TUNNELLING WORK AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 25 AUGUST 2020

Application for approval of the Advanced Weather Proofing Pty Ltd Melbourne Metro Tunnel and Stations Project Tunnelling Work Agreement (“the Tunnelling Work Agreement”).

[1] An application has been made for approval of a greenfields agreement known as the Advanced Weather Proofing Pty Ltd Melbourne Metro Tunnel and Stations Project Tunnelling Work Agreement (the Agreement). The application was made by Advanced Weather Proofing Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 Wokers’ Union (AWU) 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 and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Advanced Weather Proofing Pty Ltd applied to the Court for approval of the Tunnelling Work Agreement for the Melbourne Metro Tunnel and Stations Project. The application was brought pursuant to the Infrastructure Agreement (Works) Act 2013 (Vic). The Applicant claimed that the Tunnelling Work Agreement was necessary for the construction of the Melbourne Metro Tunnel and Stations Project. The project is a public infrastructure project that will deliver a new rail line and stations in Melbourne. The Applicant argued that approval of the Tunnelling Work Agreement was necessary to allow the project to proceed in an efficient and timely manner.

The primary legal issue before the Court was whether the Tunnelling Work Agreement was consistent with the Infrastructure Agreement (Works) Act 2013 (Vic). The Applicant argued that the Tunnelling Work Agreement was consistent with the Act and was necessary for the efficient and timely delivery of the project. The Respondent, however, argued that the Tunnelling Work Agreement was not consistent with the Act and that the Applicant had not demonstrated that the agreement was necessary for the efficient and timely delivery of the project.

The Court found that the Tunnelling Work Agreement was consistent with the Infrastructure Agreement (Works) Act 2013 (Vic). The Court held that the Applicant had demonstrated that the agreement was necessary for the efficient and timely delivery of the project. The Court also found that the agreement was fair and reasonable and did not unfairly disadvantage any party. The Court approved the Tunnelling Work Agreement and made an order accordingly.

Advanced Weather Proofing 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