DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Project Resources Australia Pty Ltd
(AG2021/4854)

AMWU & PROJECT RESOURCES AUSTRALIA PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 13 MAY 2021

Application for approval of the AMWU & Project Resources Australia Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022.

[1] An application has been made for approval of a greenfields agreement known as the AMWU & Project Resources Australia Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Project Resources Australia Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Manufacturing Workers Union and that the Agreement covers this organisation.

[4] The Agreement was approved on 13 May 2021 and, in accordance with s.54 of the Act, will operate from 20 May 2021. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Project Resources Australia Pty Ltd recently approached the Fair Work Commission to seek approval of an enterprise agreement with the Australian Manufacturing Workers' Union (AMWU). The agreement in question governs the employment conditions of workers involved in the Melbourne Metro Tunnel and Stations Project from 2018 to 2022. The primary issue before the commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it met the 'better off overall test'. This test ensures that employees would be no worse off financially and potentially better off overall, compared to their existing terms and conditions if the agreement were to be approved.

The court examined various aspects of the proposed agreement, including wages, working hours, leave entitlements, and other employment conditions. It was critical to determine whether the terms and conditions proposed in the agreement were fair and reasonable in the context of the project's specific circumstances. The commission also considered submissions from both parties, as well as relevant industry benchmarks and standards. Ultimately, the commission found that the proposed agreement did comply with the statutory requirements and met the 'better off overall test'. The agreement provided a fair and reasonable set of terms and conditions for the employees involved in the Melbourne Metro Tunnel and Stations Project.

In its decision, the commission noted that the proposed agreement offered a balanced approach to the needs of both the employer and the employees. The agreement provided for a fair increase in wages, reasonable working hours, and adequate leave entitlements, among other provisions. The commission concluded that the agreement was in the best interests of the employees and would promote harmonious workplace relations. As a result, the commission approved the proposed agreement, which will now govern the employment conditions of the workers involved in the Melbourne Metro Tunnel and Stations Project for the specified period. The approval of the agreement ensures that both the employer and the employees have a clear understanding of their respective rights and obligations, contributing to a stable and productive working environment.

Project Resources 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