DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Underground Services Australia Pty Ltd
(AG2015/2772)

UNDERGROUND SERVICES AUSTRALIA AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JUNE 2015

Application for approval of the Underground Services Australia Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Underground Services Australia Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Underground Services Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 5 June 2015 and, in accordance with s.54, will operate from 12 June 2015. The nominal expiry date of the Agreement is 5 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Underground Services Australia Pty Ltd sought approval of the Underground Services Australia Agreement 2015 from the Fair Work Commission. The Agreement, which aimed to regulate the relationship between employers and employees in the underground services industry, was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU argued that the Agreement would undermine the rights of employees and lead to the erosion of their entitlements. The Commission was tasked with determining whether the Agreement complied with the Fair Work Act 2009 and if it was in the best interests of the employees involved.

The primary legal issue before the Commission was whether the Agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to consider whether the Agreement provided for terms and conditions that were at least as good as, or better than, the relevant awards and whether it would be in the best interests of the employees. Additionally, the Commission examined the process by which the Agreement was made, including whether proper consultation and negotiation had occurred between the parties.

After careful consideration of the arguments presented by both parties, the Commission found that the Agreement did comply with the requirements of the Fair Work Act 2009. The Commission noted that the Agreement provided for terms and conditions that were at least as good as, if not better than, the relevant awards. Furthermore, the Commission was satisfied that the Agreement would be in the best interests of the employees, as it provided for a transparent and fair process for resolving disputes and included mechanisms for employee representation. The Commission also found that the process by which the Agreement was made was fair and that proper consultation and negotiation had taken place.

In light of these findings, the Commission approved the Underground Services Australia Agreement 2015. The Agreement now provides the framework for regulating the employment relationship between employers and employees in the underground services industry, ensuring that employees' rights and entitlements are protected while also promoting a fair and efficient workplace.

Underground Services Australia 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