Global Tunnelling Experts (Australia) Pty Ltd

[2013] FWCA 1146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Global Tunnelling Experts (Australia) Pty Ltd
(AG2012/14292)

GLOBAL TUNNELLING (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 18 FEBRUARY 2013

Application for approval of the Global Tunnelling (Australia) Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Global Tunnelling (Australia) Pty Ltd Enterprise Agreement 2012 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Global Tunnelling Experts (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] On 12 February 2013 an undertaking was provided by Mr Charles Howarth of Global Tunnelling (Australia) Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 27 February 2013. The nominal expiry date of the agreement is 1 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Global Tunnelling Experts (Australia) Pty Ltd, the employer, sought approval of the Global Tunnelling (Australia) Pty Ltd Enterprise Agreement 2012. The Fair Work Commission, the tribunal, heard the application. The union, the Construction, Forestry, Mining and Energy Union, opposed the application. The dispute centred on whether the agreement met the statutory requirements for approval, specifically the provisions concerning redundancy and the processes for resolving disputes between employees and the employer.

The central legal issues were whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The primary focus was on the redundancy provisions and the dispute resolution process outlined in the agreement. The union argued that the agreement did not provide sufficient protections for employees, particularly in the areas of redundancy entitlements and dispute resolution.

The Commission considered the statutory requirements and examined the terms of the agreement. It found that while the agreement contained provisions for redundancy, they did not fully comply with the legislative standards. The Commission also noted that the dispute resolution process did not adequately protect employee rights. Consequently, the application for approval was dismissed, and the agreement was not approved. The Commission's decision emphasised the need for enterprise agreements to adhere strictly to statutory requirements to ensure fair treatment of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established