DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Austunnel Pty Ltd
(AG2015/1152)

AUSTUNNEL PTY LTD NORTH WEST RAIL LINK - SURFACE AND VIADUCT CIVIL WORKS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 JULY 2015

Application for approval of the Austunnel Pty Ltd North West Rail Link - Surface and Viaduct Civil Works Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Austunnel Pty Ltd North West Rail Link - Surface and Viaduct Civil Works Enterprise Agreement 2015 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 1 July 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Operation Supervisor, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 January 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austunnel Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement for the North West Rail Link – Surface and Viaduct Civil Works. The applicant and the Construction, Forestry, Maritime, Mining and Energy Union were the parties involved in the dispute. The applicant sought to implement changes to the existing agreement, including a reduction in the number of weekly hours worked by employees from 38 to 36, and changes to shift patterns and penalty rates. The union opposed the changes, arguing that they would result in significant detriment to employees.

The legal issues before the commission were whether the proposed changes were genuinely bargained for, whether they represented a safety net improvement or a safety net deterioration, and whether the changes were in the interests of the employees. The commission considered the principles of enterprise bargaining and the relevant legislative provisions, including section 232 of the Fair Work Act 2009. The commission also considered the evidence presented by both parties and the implications of the proposed changes for the employees.

In its decision, the commission found that the proposed changes were genuinely bargained for, represented a safety net improvement, and were in the interests of the employees. The commission noted that the changes were the result of extensive bargaining between the parties, and that the union had not opposed the changes on the basis of genuine concern for the employees' interests. The commission also found that the changes would result in a better work-life balance for employees, which was a significant improvement. The commission approved the proposed changes, and the enterprise agreement was registered.

The final orders of the commission included the approval and registration of the Austunnel Pty Ltd North West Rail Link – Surface and Viaduct Civil Works Enterprise Agreement 2015, with the changes to the number of weekly hours worked, shift patterns, and penalty rates as proposed by the applicant. The agreement was to be in effect from the date of registration and would replace the previous enterprise agreement. The union's objections to the changes were dismissed.

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