DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ground Hog Tunnelling (NSW) Pty Ltd
(AG2020/1901)

THE GROUND HOG TUNNELLING (NSW) PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 24 JULY 2020

Application for approval of The Ground Hog Tunnelling (NSW) Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as The Ground Hog Tunnelling (NSW) Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ground Hog Tunnelling (NSW) Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2020. The nominal expiry date of the Agreement is 1 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ground Hog Tunnelling (NSW) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, which was opposed by the Transport Workers Union of Australia. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to decide if the agreement was in the interests of the employees, was free from coercion and undue influence, and was appropriately certified.

The Commission found that the agreement was in the employees' interests, as it provided for a 2.5% wage increase over four years and included provisions for improved working conditions. The Commission also found that the agreement was free from coercion and undue influence, as the process for reaching the agreement was fair and transparent. However, the Commission found that the agreement was not appropriately certified, as the union had not provided the required evidence of the agreement's approval by the employees. As a result, the Commission did not approve the agreement.

The Fair Work Commission ordered that the application for approval of the enterprise agreement be dismissed. The Commission also ordered that the employer and the union take steps to ensure that any future enterprise agreement is appropriately certified.

Ground Hog Tunnelling (NSW) 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