DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bothar Boring and Tunnelling (Australia) Pty Ltd
(AG2020/2230)

APPLICATION FOR APPROVAL OF THE BOTHAR BORING AND TUNNELLING (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 OCTOBER 2020

Application for approval of the Bothar Boring and Tunnelling (Australia) Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bothar Boring and Tunnelling (Australia) Pty Ltd Enterprise Agreement 2020 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Bothar Boring and Tunnelling (Australia) Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement between the company and its employees. The agreement was submitted by the employer, Bothar Boring and Tunnelling (Australia) Pty Ltd, for consideration under the Fair Work Act 2009. The dispute centred on the fairness and compliance of the proposed terms and conditions with the statutory requirements.

The primary legal issues that the Fair Work Commission had to decide were whether the enterprise agreement met the procedural requirements for its submission and approval, and whether the terms of the agreement were fair and reasonable. This included assessing whether the agreement had been negotiated in good faith, was free from coercion, and provided for the appropriate bargaining and dispute resolution processes. The Commission also needed to determine if the agreement was compliant with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission found that the enterprise agreement was procedurally sound and had been negotiated in good faith. The Commission was satisfied that the agreement was free from any form of coercion and included appropriate mechanisms for bargaining and dispute resolution. Additionally, the terms of the agreement were deemed to be fair and reasonable, meeting the statutory requirements for approval. The Commission concluded that the agreement was compliant with all relevant legislation and was in the best interests of both the employer and the employees.

Accordingly, the Fair Work Commission approved the Bothar Boring and Tunnelling (Australia) Pty Ltd Enterprise Agreement 2020, making it legally binding on the parties involved. This decision ensures that the terms and conditions of employment are governed by the agreement, providing a clear framework for the relationship between the employer and its workforce.

Bothar Boring and Tunnelling (Australia) 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