DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2018/6103)

FIRST SERVICE GROUP AND THE AUSTRALIAN WORKERS UNION AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the First Services Group Pty Ltd & Australian Workers’ Union Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the First Services Group Pty Ltd & Australian Workers’ Union Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Workers’ Union, The. The agreement is a single enterprise agreement.

[2] The Employer 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 Australian Workers’ 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 February 2019 and, in accordance with s.54, will operate from 22 February 2019. The nominal expiry date of the Agreement is 14 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Workers' Union applied for approval of the First Services Group Pty Ltd & Australian Workers’ Union Agreement 2018. The application was heard in the Fair Work Commission, with the primary focus on whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues that the court had to resolve centred on whether the agreement was a genuine agreement, whether it provided for the safety of employees, and whether it was fair and reasonable. Furthermore, the court had to examine if the agreement met the criteria for being a single, indivisible agreement as required by the Act.

In determining the application, the court examined the provisions of the agreement and found that it was a genuine agreement between the parties. The court also concluded that the agreement provided for the safety of employees, and it was fair and reasonable. Furthermore, the court found that the agreement was a single, indivisible agreement, and it met all the requirements under the Act. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the First Services Group Pty Ltd & Australian Workers’ Union Agreement 2018, confirming that it was a genuine agreement and met all the necessary requirements under the Fair Work Act 2009. The approval of the agreement provides for the safety of employees and ensures that it is fair and reasonable.

Australian Workers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established