Tunnel Holdings Pty Ltd T/A Sydney Harbour Tunnel

[2019] FWCA 1224

[2019] FWCA 1224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tunnel Holdings Pty Ltd T/A Sydney Harbour Tunnel
(AG2018/5996)

TUNNEL HOLDINGS & AUSTRALIAN WORKERS UNION (AWU) MAINTENANCE COLLECTIVE WORKPLACE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Tunnel Holdings & Australian Workers Union (AWU) Maintenance Collective Workplace Agreement 2018 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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.

[4] 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.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 25 February 2019 and, in accordance with s.54, will operate from 4 March 2019. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

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