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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CaseChat Overview and Summary

Tunnelling Solutions Pty Ltd recently brought an application before the Fair Work Commission for the approval of an enterprise agreement with The Australian Workers Union. The application concerned an agreement that had been negotiated between the parties and aimed to regulate the terms and conditions of employment for employees within the tunnelling industry. The central dispute in this matter centred on whether the agreement complied with the requirements set out in the Fair Work Act 2009, particularly focusing on the provisions that relate to the procedural fairness and the substantive content of the agreement.

The legal issues the court was required to address included whether the agreement had been fairly negotiated, if the necessary procedural steps had been followed, and whether the terms of the agreement met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement provided for minimum wages and conditions, and if it adhered to the principles of procedural fairness as outlined in the Act. Additionally, the court examined whether the agreement contained any terms that might be considered to be contrary to the public interest or otherwise invalid.

In rendering its decision, the Fair Work Commission found that the agreement had indeed been fairly negotiated and that all necessary procedural steps had been adhered to. The court noted that the agreement contained provisions that ensured compliance with the minimum wages and conditions set out in the Fair Work Act. Furthermore, the court concluded that the agreement did not include any terms that were contrary to the public interest or otherwise invalid. The court approved the agreement, recognising its adherence to both procedural and substantive legal requirements. The decision was made in favour of Tunnelling Solutions Pty Ltd, confirming the validity and enforceability of the enterprise agreement between the company and the union.

Tunnelling Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established