Australian Workers’ Union Summary

[2018] FWCA 7592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Workers’ Union

(AG2018/5624)

ORANGE ARMY PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 13 DECEMBER 2018

Application for approval of the Orange Army Pty Ltd & The Australian Workers’ Union Agreement 2018.

An application has been made for approval of a greenfields agreement known as the Orange Army Pty Ltd & The Australian Workers’ Union Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Australian Workers’ Union.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, 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.

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.

The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 20 December 2018. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Orange Army Pty Ltd and The Australian Workers’ Union Agreement 2018. The application was made by the Australian Workers’ Union, and the dispute centred around whether the agreement in question met the necessary legal standards and provisions required for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission.

The primary legal issue before the court was whether the agreement complied with the relevant sections of the Fair Work Act, particularly focusing on the terms and conditions set out within it. The court needed to assess if the agreement adequately covered the necessary elements, including minimum wage rates, penalty rates, and other employment conditions. Additionally, the court had to determine whether the agreement was made in good faith and if it provided adequate protections for employees.

In reaching its decision, the court examined the terms of the agreement in detail. It found that the agreement met the statutory requirements of the Fair Work Act, providing for fair and reasonable terms and conditions for employees. The court highlighted that the agreement included provisions for minimum wages, penalty rates, and other conditions that were consistent with the Act. The court also noted that the agreement was made in good faith and provided adequate protections for the employees involved. Consequently, the court approved the agreement, recognising its compliance with the necessary legal standards.

As a result of the court's decision, the Orange Army Pty Ltd and The Australian Workers’ Union Agreement 2018 was approved and deemed valid under the Fair Work Act. The agreement was now officially recognised, and its terms would apply to the employment conditions of the relevant workers. This outcome provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be upheld in accordance with the legal requirements set out in the Act.

Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established