Tunnelling Solutions Pty Ltd Summary

[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

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).

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tunnelling Solutions Pty Ltd applied to the Fair Work Commission for approval of the Sydney Metro West - Western Tunnelling Package, AWU Greenfield Agreement 2022-2026. The Australian Workers' Union sought approval of the agreement, which related to the construction of the Sydney Metro West project. The applicant and the union were in dispute over certain terms and conditions of employment, which the union sought to address through the agreement. The Commission was required to determine whether the agreement would provide for fair and reasonable terms and conditions of employment.

The key legal issues before the Commission were whether the terms of the agreement were fair and reasonable, and whether the agreement was appropriate for approval under the Fair Work Act 2009. The Commission considered the terms of the agreement, the nature of the work to be performed, and the relevant industry benchmarks. The Commission also considered the views of the parties and any other relevant factors.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was appropriate for approval under the Act. The Commission noted that the agreement addressed a range of issues, including wages, hours of work, and leave entitlements, and that it provided for appropriate protections for workers. The Commission also noted that the agreement was in line with relevant industry benchmarks, and that it had been negotiated in good faith by the parties.

The Commission approved the agreement, subject to certain conditions. The applicant and the union were required to provide certain information to the Commission, and to take certain steps to ensure compliance with the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission.

Tunnelling Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established