Tunnelling Solutions Pty Ltd

[2020] FWCA 5940

[2020] FWCA 5940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Tunnelling Solutions Pty Ltd
(AG2020/3158)

TUNNELLING SOLUTIONS & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 5 NOVEMBER 2020

Application for approval of the Tunnelling Solutions & The Australian Workers Union Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Tunnelling Solutions & The Australian Workers' Union Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tunnelling Solutions Pty Ltd

[2] This is a greenfields agreement that meets the requirements of section 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 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.

[3] The Agreement lodged contained an error at page 8, clause 6.3. On 30 October 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] 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 this organisation.

[5] The Agreement was approved on 5 November 2020 and, in accordance with s.54, will operate from 12 November 2020. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

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