DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austunnel Pty Ltd
(AG2016/253)

AUSTUNNEL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Austunnel Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Austunnel Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austunnel Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 26 February 2016 and, in accordance with s.54, will operate from 4 March 2016. The nominal expiry date of the Agreement is 26 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Austunnel Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2016. The agreement was entered into between the company and its employees, who are represented by the Construction, Forestry, Maritime, Mining and Energy Union. The union sought approval of the agreement under the Fair Work Act 2009, and the company opposed the application on the basis that the agreement was not in the best interests of the employees, and that it contained provisions that were inconsistent with the provisions of the National Employment Standards. The dispute was heard by the Commission, which was required to determine whether the agreement should be approved and registered as a registered agreement under the Act. The court needed to consider whether the agreement met the requirements of the Act, including whether it provided for the fair and reasonable terms and conditions of employment, and whether it was in the best interests of the employees.

The Commission found that the agreement met the requirements of the Act, and that it provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement contained provisions that were consistent with the National Employment Standards, and that it provided for a number of benefits for the employees, including increased wages and improved working conditions. The Commission also found that the agreement was in the best interests of the employees, as it provided for a number of benefits that were not available under the applicable award or other agreement. The Commission concluded that the agreement should be approved and registered as a registered agreement under the Act.

The Commission made an order approving and registering the Austunnel Pty Ltd Enterprise Agreement 2016 as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the order, and was to remain in force until 30 June 2021, unless earlier terminated in accordance with the provisions of the Act. The Commission also made an order that the agreement was to be given to the parties, and that a copy of the agreement was to be lodged with the Fair Work Ombudsman.

Austunnel 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