DECISION

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

Rocktown Tunnel & Shafts Pty Ltd
(AG2019/3480)

ROCKTOWN TUNNEL & SHAFT PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 24 SEPTEMBER 2019

Application for approval of the Rocktown Tunnel & Shaft Pty Ltd & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Rocktown Tunnel & Shaft Pty Ltd & The Australian Workers’ Union Agreement 2019 (the Agreement). The application was made by Rocktown Tunnel & Shafts Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 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 Workers’ Union (AWU) is 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 AWU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 1 October 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rocktown Tunnel & Shafts Pty Ltd recently appeared before the Fair Work Commission to seek approval of an enterprise agreement with the Australian Workers' Union. The application concerns the terms and conditions of employment for workers at the Rocktown Tunnel and Shafts site, and the application was made by the company, Rocktown Tunnel & Shafts Pty Ltd. The Australian Workers' Union sought to negotiate and have approved a collective agreement that would regulate the terms of employment of the workers.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, was free from coercion, and did not adversely affect employees' existing entitlements. The Commission also needed to consider whether the agreement complied with the statutory requirements for fair work agreements, including provisions on minimum wages and other entitlements, working hours, and leave provisions.

The Fair Work Commission found that the proposed agreement met all the necessary requirements. It was determined that the agreement was fair and reasonable, was not coercive, and did not adversely affect employees' existing entitlements. The Commission also found that the agreement complied with the statutory requirements of the Fair Work Act, including provisions on minimum wages and other entitlements, working hours, and leave provisions. As such, the Commission approved the application for the Rocktown Tunnel & Shafts Pty Ltd and The Australian Workers' Union Agreement 2019.

The Fair Work Commission approved the application for the Rocktown Tunnel & Shafts Pty Ltd and The Australian Workers' Union Agreement 2019. The agreement is now in force and will regulate the terms and conditions of employment for workers at the Rocktown Tunnel and Shafts site.

Rocktown Tunnel & Shafts 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