Austunnel (VIC) Pty Ltd

Case •

[2023] FWCA 2514

•

14 AUGUST 2023
[2023] FWCA 2514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Austunnel (VIC) Pty Ltd

(AG2023/2569)

AUSTUNNEL (VIC) PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2023

Building, metal and civil construction industries

COMMISSIONER CONNOLLY

MELBOURNE, 14 AUGUST 2023

Application for approval of the Austunnel (Vic) Pty Ltd & The Australian Workers' Union Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Austunnel (Vic) Pty Ltd & The Australian Workers' Union Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Austunnel (VIC) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 4 August 2023.

  1. On 7 August 2023, the Applicant was invited to clarify aspects of the Agreement and to address these matters including through the provision of an undertaking.

  1. The Applicant has provided written undertakings, dated 8 August 2023, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

  1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

  1. The Australian Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521081  PR765101>

Annexure A

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