DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tunnelling Solutions Pty Ltd
(AG2017/3653)

TUNNELLING SOLUTIONS DRUP COLLECTIVE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 NOVEMBER 2017

Application for approval of the Tunnelling Solutions DRUP Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Tunnelling Solutions DRUP Collective Agreement 2017 (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. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on and, in accordance with s.54, will operate from 15 November 2017. The nominal expiry date of the Agreement is 14 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tunnelling Solutions Pty Ltd applied to the Fair Work Commission for the approval of the Tunnelling Solutions DRUP Collective Agreement 2017. The respondents to the application were the Australian Manufacturing Workers’ Union and the Building and Construction General On-Site Union. The dispute centred around the validity and fairness of the proposed collective agreement, which aimed to regulate employment conditions for workers within the tunnelling sector. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009, including whether it provided for the proper registration of the agreement and whether it adhered to the good faith bargaining requirements.

The legal issues before the Commission included whether the agreement had been genuinely negotiated in good faith, whether it contained the requisite minimum terms and conditions, and if it met the procedural requirements for approval. Additionally, the Commission had to assess whether the agreement was likely to lead to improved industrial relations outcomes for the employees involved. The Commission closely examined the bargaining process and the terms of the agreement, considering submissions from both the applicant and the unions.

In its decision, the Fair Work Commission found that the agreement had been negotiated in good faith and contained all the required minimum terms. The Commission noted the detailed and comprehensive nature of the agreement, which addressed various aspects of employment conditions, including wages, hours of work, and dispute resolution mechanisms. The Commission concluded that the agreement was fair and met the statutory requirements for approval. Consequently, the application for the approval of the Tunnelling Solutions DRUP Collective Agreement 2017 was granted. The decision emphasised the importance of robust collective bargaining processes in achieving equitable outcomes for employees.

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