Michels Trenchless Pty Ltd

[2025] FWCA 257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Michels Trenchless Pty Ltd

(AG2024/5118)

MICHELS SNOWY HYDRO 2.0 PROJECT AGREEMENT 2024 – 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2025

Application for approval of the Michels Snowy Hydro 2.0 Project Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the Michels Snowy Hydro 2.0 Project Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Michels Trenchless Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 11 November 2024 and the Agreement was made on 17 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

The Australian Workers Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2025. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Michels Trenchless Pty Ltd applied to the Federal Court of Australia for approval of the Michels Snowy Hydro 2.0 Project Agreement 2024-2026, which governs the relationship between Michels Trenchless and Snowy Hydro Limited for the purpose of executing a trenchless infrastructure project. The court's decision to approve the agreement was based on the evidence presented, which demonstrated that the terms of the agreement were fair and reasonable, and that they would facilitate the successful completion of the project.

The legal issues that the court had to address included whether the agreement was in the best interests of the applicants and whether it complied with the necessary legal and regulatory requirements. The court considered the terms of the agreement, the evidence presented by the parties, and relevant legal principles. The court found that the agreement was fair and reasonable and that it complied with the relevant legal and regulatory requirements.

The court found that the agreement was in the best interests of the applicants and that it would facilitate the successful completion of the project. The court approved the agreement, which means that it can now be implemented. This outcome provides certainty and stability to the parties involved in the project and ensures that the project can proceed as planned. The court's decision is an important step towards the successful completion of the Michels Snowy Hydro 2.0 Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established