Tunnelling Projects Australia Summary

[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

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Tunnelling Projects Australia for the approval of the Tunnelling Projects Australia Pty Ltd & The Australian Workers’ Union Agreement 2022. The application was heard by the Fair Work Commission, which had to determine if the agreement met the necessary legal criteria for approval. The key dispute involved the compliance of the agreement with the Fair Work Act 2009, specifically regarding its coverage of employees, bargaining terms, and procedural fairness.

The legal issues before the Commission included whether the agreement properly defined the scope of employees it covered, whether the terms and conditions were fair and reasonable, and if the negotiation process complied with legal requirements. The Commission had to assess whether the agreement provided for a fair and efficient resolution of workplace issues and if it aligned with the principles of the Fair Work Act. Additionally, the Commission examined if the agreement had been negotiated in good faith and whether the necessary procedural steps had been followed.

In its decision, the Commission found that the agreement satisfied the requirements of the Fair Work Act. The coverage of employees was adequately defined, and the terms and conditions were fair and reasonable. The negotiation process was deemed to be conducted in good faith, and all procedural steps were properly followed. The Commission concluded that the agreement would promote harmonious, productive, and cooperative workplace relations. Accordingly, the application for approval of the agreement was successful.

The Fair Work Commission approved the Tunnelling Projects Australia Pty Ltd & The Australian Workers’ Union Agreement 2022, making it a registered agreement under the Fair Work Act. This approval means that the terms and conditions set out in the agreement will apply to the employees covered by it, and the agreement will be binding on those employees and the employer.

Tunnelling Projects Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established