Austunnel (VIC) Pty Ltd

[2020] FWCA 2442

[2020] FWCA 2442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Austunnel (VIC) Pty Ltd
(AG2020/1085)

AUSTUNNEL VIC & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 MAY 2020

Application for approval of the Austunnel Vic & The Australian Workers’ Union Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Austunnel Vic & The Australian Workers’ Union Agreement 2020 (Agreement). The application was made by Austunnel (VIC) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (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 Workers’ 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(2) 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 the AWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2020. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

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Annexure A