DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tunnel Holdings Pty Ltd T/A Sydney Harbour Tunnel Company Limited
(AG2015/7756)

TUNNEL HOLDINGS & AUSTRALIAN WORKERS UNION (AWU) MAINTENANCE COLLECTIVE WORKPLACE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Tunnel Holdings & Australian Workers Union (AWU) Maintenance Collective Workplace Agreement 2015.

[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 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] 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 23 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tunnel Holdings Pty Ltd, trading as the Sydney Harbour Tunnel Company Limited, and the Australian Workers Union (AWU) Maintenance Section applied to the Fair Work Commission for approval of a maintenance collective workplace agreement. The application involved various terms and conditions of employment for the employees covered by the agreement, including issues such as wages, leave entitlements, and dispute resolution mechanisms. The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, and whether it met the requirements for a maintenance collective agreement under the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission considered whether the agreement contained minimum entitlements and whether it provided for an appropriate dispute resolution process. The Commission also examined the agreement's compliance with procedural fairness, including whether the parties had genuinely bargained for the agreement and whether the agreement was in the best interests of the employees. Ultimately, the Commission found that the agreement met the necessary legal requirements and approved the maintenance collective workplace agreement.

The Fair Work Commission approved the maintenance collective workplace agreement between Tunnel Holdings Pty Ltd and the Australian Workers Union (AWU) Maintenance Section. The Commission found that the agreement complied with the Fair Work Act and the Fair Work (Registered Organisations) Act, and met the necessary criteria for approval. The Commission concluded that the agreement provided for appropriate dispute resolution mechanisms and contained minimum entitlements for the employees. The Commission also found that the parties had genuinely bargained for the agreement and that it was in the best interests of the employees. The approval of the agreement ensures that the terms and conditions of employment for the covered employees are governed by a legally compliant and fair agreement.

Tunnel Holdings Pty Ltd T/A Sydney Harbour Tunnel Company Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established