Tunnelling Projects Australia
[2022] FWCA 3199
•15 SEPTEMBER 2022
| [2022] FWCA 3199 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Tunnelling Projects Australia
(AG2022/3663)
Tunnelling Projects Australia Pty Ltd & The Australian Workers’ Union Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 15 SEPTEMBER 2022 |
Application for approval of the Tunnelling Projects Australia Pty Ltd & The Australian Workers’ Union Agreement 2022
Tunnelling Projects Australia (the Employer) has made an application for approval of a greenfields agreement known as the Tunnelling Projects Australia Pty Ltd & The Australian Workers’ Union Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, 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. I am also satisfied that it is in the public interest to approve the Agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.
Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.
The Agreement was approved on 15 September 2022 and, in accordance with s 54, will operate from 22 September 2022. The nominal expiry date of the Agreement is 28 February 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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