Austunnel (Vic) Pty Ltd

[2024] FWCA 2797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austunnel (Vic) Pty Ltd

(AG2024/2535)

AMWU AND AUSTUNNEL (VIC) PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2023 – 2026

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JULY 2024

Application for approval of the AMWU AND Austunnel (VIC) Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the AMWU AND Austunnel (VIC) Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austunnel (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

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

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Building and Construction Commission (ABCC) sought approval of an enterprise agreement between the Australian Manufacturing Workers' Union (AMWU) and Austunnel (Vic) Pty Ltd, concerning the Metal Engineering Melbourne Metro Tunnel and Stations Project 2023-2026. The AMWU, acting on behalf of its members employed by Austunnel, applied to the ABCC for the approval of the agreement, which included provisions related to wages, conditions, and other employment terms for the project. The ABCC, as the relevant authority, was tasked with assessing whether the agreement complied with the relevant laws and standards.

The primary legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The court had to determine if the agreement was made in good faith, covered the appropriate employees, and adhered to the procedural requirements set out in the Act. Additionally, the court examined whether the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both the employees and the employer.

In evaluating the application, the court considered the evidence provided by the parties and the relevant legal principles. The AMWU and Austunnel presented arguments supporting the fairness and reasonableness of the agreement's terms. The ABCC, while generally supportive of the agreement, raised concerns about certain provisions. After careful consideration, the court found that the agreement complied with the statutory requirements and was fair and reasonable. The court acknowledged the parties' efforts in reaching a balanced agreement that addressed the needs of both employees and the employer.

The court approved the enterprise agreement, subject to the conditions outlined in the decision. The AMWU and Austunnel were authorised to implement the agreement, which would now govern the employment terms for the Metal Engineering Melbourne Metro Tunnel and Stations Project for the specified period. The court's approval ensured that the agreement met the necessary legal standards and would provide a stable framework for the project's execution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established