Australian Workers’ Union, The Summary

[2021] FWCA 6871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2021/8443)

AWU AND S & K SHEARING PTY LTD (TASMANIAN SHEARING OPERATIONS) ENTERPRISE AGREEMENT

Agricultural industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 NOVEMBER 2021

Application for approval of the AWU and S & K Shearing Pty Ltd (Tasmanian Shearing Operations) Enterprise Agreement

[1] An application has been made for approval of an enterprise agreement to be known as the AWU and S & K Shearing Pty Ltd (Tasmanian Shearing Operations) Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by S&K Shearing Pty Ltd (Employer) and the Australian Workers’ Union (AWU). The Agreement is a single enterprise agreement.

[2] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2021. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) and S & K Shearing Pty Ltd (Tasmanian Shearing Operations) sought approval of an enterprise agreement from the Fair Work Commission. The AWU is a trade union representing workers in various industries, while S & K Shearing Pty Ltd is an employer in the Tasmanian shearing industry. The proposed agreement was intended to govern the terms and conditions of employment for the union's members working under the employer.

The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement was in the best interests of the employees it covered. The AWU argued that the agreement was fair and reasonable, while S & K Shearing Pty Ltd contended that it was overly prescriptive and detrimental to the business. The Commission needed to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009 (Cth).

In its decision, the Fair Work Commission found that the proposed enterprise agreement was in the best interests of the employees. The Commission highlighted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and dispute resolution mechanisms. The Commission was satisfied that the agreement did not contain any terms that would be detrimental to the employees or the employer. Consequently, the Commission approved the enterprise agreement, finding that it met the statutory requirements for approval.

The Fair Work Commission approved the enterprise agreement, and it is now in effect for the employees covered by the agreement. The approval means that the terms and conditions of employment for the employees are governed by the agreement, and any disputes must be resolved in accordance with the agreement's dispute resolution provisions.

Australian Workers’ Union, The

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established