DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S C Hydro Pty Ltd
(AG2021/5801)

SC HYDRO PTY LTD - AWU TUNNEL AND ASSOCIATED WORKS GREENFIELD AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 AUGUST 2021

Application for approval of the SC Hydro Pty Ltd - AWU Tunnel and Associated Works Greenfield Agreement 2021 - 2025.

[1] S C Hydro Pty Ltd has made an application for approval of a greenfields agreement known as the SC Hydro Pty Ltd - AWU Tunnel and Associated Works Greenfield Agreement 2021 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] Further to my decision earlier today ([2021] FWC 5110), I note that the Agreement is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act, and that I am satisfied that the requirements of ss 186 and 187 have been met. In particular, 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, and that it is in the public interest to approve the Agreement (s 187(5)).

[3] The Agreement was made with the AWU and therefore covers the organisation (s 53(2)(b)). The Agreement was approved on 19 August 2021 and, in accordance with s 54, will operate from 26 August 2021. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, SC Hydro Pty Ltd, sought approval of a proposed enterprise agreement with the Australian Workers' Union (AWU). The dispute was heard by the Fair Work Commission, Australia's independent industrial relations tribunal. The applicant proposed a four-year agreement, covering terms and conditions for employees involved in the construction of a tunnel and associated works.

The legal issues before the Commission were whether the agreement complied with the relevant industrial legislation, including provisions regarding minimum entitlements, and whether the agreement was made in good faith and without coercion. SC Hydro Pty Ltd argued that the agreement was a genuine bargain between the parties, meeting all legislative requirements. The AWU, on the other hand, raised concerns about certain provisions in the proposed agreement, suggesting they did not adequately protect employee rights.

The Commission found that the proposed agreement was generally fair and met the requirements of the legislation. It acknowledged the AWU's concerns but concluded that the provisions in question were not unreasonable and represented a genuine compromise between the parties. The Commission was satisfied that the agreement was made in good faith and without coercion, and approved the proposed agreement.

The Fair Work Commission approved the SC Hydro Pty Ltd - AWU Tunnel and Associated Works Greenfield Agreement 2021 - 2025, finding it to be a genuine enterprise agreement that met the legislative requirements. The applicant's application for approval was therefore granted.

S C Hydro Pty Ltd

DECISION

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