Bothar Boring and Tunnelling (Australia) Pty Ltd

[2024] FWCA 1407

[2024] FWCA 1407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bothar Boring and Tunnelling (Australia) Pty Ltd

(AG2024/993)

BOTHAR BORING AND TUNNELLING (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 18 APRIL 2024

Application for approval of the Bothar Boring and Tunnelling (Australia) Pty Ltd Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Bothar Boring and Tunnelling (Australia) Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bothar Boring and Tunnelling (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

1. The Agreement title on the NERR provided to the employees is ‘Enterprise Agreement 2023’ whilst clause 1.1 of the Agreement title is ‘Bothar Boring and Tunnelling (Australia) Pty Ltd Enterprise Agreement 2023’. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 25 April 2024. The nominal expiry date of the Agreement is 17 April 2028.

COMMISSIONER

Annexure A

[1] [2019] FWCFB 318.

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