Tunnel Holdings Pty Ltd T/A Sydney Harbour Tunnel

[2019] FWCA 1662

[2019] FWCA 1662

FAIR WORK COMMISSION

DECISION

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

Tunnel Holdings Pty Ltd T/A Sydney Harbour Tunnel
(AG2018/5999)

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 MARCH 2019

Application for approval of the Tunnel Holdings and Australian Workers Union (AWU) Operations Collective Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Tunnel Holdings Pty Limited & Australian Workers Union (AWU) Operations Tunnel Controllers & Tunnel Controllers’ Assistants Enterprise Agreement 2018 (the Agreement).

[2] 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. The Agreement is a single enterprise agreement.

[3] 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.

[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 AWU 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.

[7] I observe that the following provisions are potentially inconsistent with the National Employment Standards (NES) in respect of Trainee employees:

•  Clause 27 – Redundancy.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2019. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

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