Tunnel Holdings Pty Ltd

[2016] FWCA 714

[2016] FWCA 714

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tunnel Holdings Pty Ltd T/A Sydney Harbour Tunnel

(AG2015/7757)

TUNNEL HOLDINGS AND AUSTRALIAN WORKERS UNION (AWU)

OPERATIONS COLLECTIVE WORKPLACE AGREEMENT 2015

Manufacturing and associated industries

COMMISSIONER ROE MELBOURNE, 3 FEBRUARY 2016

Application for approval of the Tunnel Holdings and Australian Workers Union (AWU)

Operations Collective Workplace Agreement 2015.

[1]        An application has been made for approval of an enterprise agreement known as the

Tunnel Holdings and Australian Workers Union (AWU) Operations Collective Workplace

Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair

Work Act 2009 (the Act). It has been made by Tunnel Holdings Pty Ltd T/A Sydney Harbour

Tunnel. The Agreement is a single enterprise agreement.

[2]        The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3]        Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4]        Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5]        Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.

[6]        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.
[2016] FWCA 714

[7]        The Agreement was approved on 3 February 2016 and, in accordance with s.54, will

operate from 10 February 2016. The nominal expiry date of the Agreement is 3 February

2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE417674 PR576688>

[2016] FWCA 714

Annexure A