Tunnelling Solutions Pty Ltd

Case

[2022] FWCA 2808

18 AUGUST 2022


[2022] FWCA 2808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tunnelling Solutions Pty Ltd

(AG2022/3336)

Tunnelling Solutions Pty Ltd Sydney Metro West – Western Tunnelling Package, AWU Greenfield Agreement 2022-2026

Building, metal and civil construction industries

COMMISSIONER MCKINNON

SYDNEY, 18 AUGUST 2022

Application for approval of the Tunnelling Solutions Pty Ltd Sydney Metro West - Western Tunnelling Package, AWU Greenfield Agreement 2022-2026

  1. An application has been made for approval of a greenfields agreement known as the Tunnelling Solutions Pty Ltd Sydney Metro West - Western Tunnelling Package, AWU Greenfield Agreement 2022-2026 (Agreement). The application was made by Tunnelling Solutions Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

  1. The Agreement 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 Australian Workers’ Union are 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.

  1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2022. The nominal expiry date of the Agreement is 30 January 2026.


COMMISSIONER

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