DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1088)

AUSTUNNEL PTY LTD AND ETU MELBOURNE METRO TUNNEL ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 28 APRIL 2020

Application for approval of the Austunnel Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Austunnel Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Austunnel Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. The union argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009. The dispute involved the interpretation and application of specific provisions within the agreement and the assessment of its compliance with relevant legislative frameworks.

The central legal issues before the court were whether the agreement fulfilled the statutory prerequisites for approval under the Fair Work Act, particularly whether it contained the necessary provisions for employee entitlements, working conditions, and dispute resolution mechanisms. Additionally, the court examined if the agreement adhered to the principles of good faith bargaining and if it provided fair and equitable terms for the employees.

The court determined that the agreement met the legislative criteria for approval. It found that the agreement included all necessary provisions for employee entitlements and working conditions, and provided for an effective dispute resolution process. The court concluded that the union and the employer had engaged in good faith bargaining, and that the terms of the agreement were fair and reasonable. Consequently, the court approved the agreement, ensuring its compliance with the statutory requirements.

The final orders of the court mandated the approval of the Austunnel Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement for the specified period. The decision affirmed the validity of the agreement and its compliance with the Fair Work Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established