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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Austunnel (VIC) Pty Ltd sought approval for an enterprise agreement with the Australian Workers’ Union under the Fair Work Act 2009. The Australian Workers’ Union claimed that the proposed agreement was fair and appropriate for the employees covered by it. The dispute was heard in the Fair Work Commission. The central legal issues involved whether the agreement met the requirements for "direct" and "indirect" registration and if it was certified as "modern" under the Fair Work Act. The court had to determine if the agreement complied with the relevant statutory provisions, including whether it adhered to the good faith bargaining process, and if it met the criteria for direct and indirect registration.

The Fair Work Commission examined the evidence and submissions presented by both parties. The court found that the agreement had been negotiated in good faith and met all the criteria for direct registration. The court also determined that the agreement satisfied the requirements for indirect registration and was a modern award. The evidence showed that the agreement provided for appropriate terms and conditions of employment, including pay rates, working conditions, and dispute resolution mechanisms. The court concluded that the agreement was fair and appropriate, and therefore, it granted approval for the enterprise agreement.

The Fair Work Commission's decision was in favour of Austunnel (VIC) Pty Ltd and the Australian Workers’ Union. The agreement was approved, and it would now be registered and enforceable under the Fair Work Act. The court's decision ensured that the employees covered by the agreement would benefit from the terms and conditions negotiated between the employer and the union. The final orders of the court included the approval of the enterprise agreement, its registration, and its enforceability under the Fair Work Act.

Austunnel (VIC) 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