DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers' Union, The
(AG2018/1888)

BIA INFRASTRUCTURE & AUSTRALIAN WORKERS' UNION AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the BIA Infrastructure & Australian Workers' Union Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BIA Infrastructure & 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 12 September 2018 and, in accordance with s.54, will operate from 19 September 2018. The nominal expiry date of the Agreement is 28 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Fair Work Commission (FWC) involved an application for approval of the BIA Infrastructure & Australian Workers' Union Agreement 2018. The Australian Workers' Union sought approval of the agreement, which was to be a registered agreement for the purposes of the Fair Work Act 2009 (Cth). The dispute centred around whether the agreement met the necessary standards for registration under the Act, particularly regarding its fairness and coverage.

The primary legal issues addressed by the Commission included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether the agreement was made in good faith, and whether the agreement provided for a fair and efficient workplace. Additionally, the Commission had to consider whether the agreement was negotiated in a manner consistent with the principles of good faith bargaining and whether it adequately covered the intended employees.

In reaching its decision, the Commission evaluated the content of the agreement against the legislative requirements. It found that the agreement was comprehensive and included all the mandatory terms required by the Act. The Commission was satisfied that the agreement was the product of good faith bargaining, as evidenced by the process and the negotiations. The Commission further concluded that the agreement provided for a fair and efficient workplace, taking into account the rights and obligations of both parties. As a result, the Commission approved the agreement for registration.

Consequently, the Fair Work Commission approved the BIA Infrastructure & Australian Workers' Union Agreement 2018, deeming it to be a registered agreement under the Fair Work Act. This decision ensures that the terms of the agreement will be legally enforceable, providing a framework for the employment relationship between the parties involved.

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