Ausco Modular Pty Ltd Summary

[2013] FWCA 5899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ausco Modular Pty Ltd
(AG2013/2220)

AUSCO MODULAR PTY LTD O’CONNOR ENTERPRISE AGREEMENT 2013 - 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 AUGUST 2013

Application for approval of the Ausco Modular Pty Ltd O’Connor Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Ausco Modular Pty Ltd O’Connor Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of operation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ausco Modular Pty Ltd, sought approval of the Ausco Modular Pty Ltd O’Connor Enterprise Agreement 2013-2016, which was to be registered as a single interest enterprise agreement. The applicant and the union, United Voice, had entered into negotiations and reached an agreement. The union applied for the agreement to be approved, but the Australian Building and Construction Employees and Builders Labourers Federation (NSW/ACT) and the Australian Manufacturing Workers Union challenged the approval, asserting that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue was whether the agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the challengers questioned whether the agreement was genuinely a single interest enterprise agreement, as it included employees who were not covered by the union’s certificate of currency. The court had to determine whether the agreement satisfied the conditions set out in the Act, including the requirement for genuine agreement and the absence of a prohibited bargaining practice.

The Fair Work Commission found that the agreement was genuinely a single interest enterprise agreement. The Commission held that the applicant had demonstrated a genuine attempt to reach an agreement with the union. The Commission also found that the union had a sufficient connection to the enterprise to be able to negotiate on behalf of the employees. The Commission rejected the challengers’ arguments that the agreement did not meet the requirements of the Act. The Commission approved the agreement and made the necessary orders for its registration.

The Fair Work Commission approved the Ausco Modular Pty Ltd O’Connor Enterprise Agreement 2013-2016 and ordered its registration as a single interest enterprise agreement. The Commission found that the agreement was genuinely a single interest enterprise agreement and that it met the requirements of the Fair Work Act. The Commission rejected the challengers’ arguments and ordered that the agreement be registered.

Ausco Modular Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established