DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2018/1462)

ROCKLEIGH (VIC) PTY LTD & AUSTRALIAN WORKERS’ UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 JULY 2018

Application for approval of the Rockleigh (Vic) Pty Ltd & Australian Workers’ Union Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rockleigh (Vic) 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 The Australian Workers’ Union. The Agreement is a greenfields agreement.

[2] 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.

[3] 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 these organisations.

[4] The Agreement was approved on 11 July 2018 and, in accordance with s.54, will operate from 18 July 2018. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application for the approval of the Rockleigh (Vic) Pty Ltd & Australian Workers’ Union Agreement 2018. The dispute centred around the terms of the enterprise agreement between Rockleigh, a construction company, and the Australian Workers’ Union. The union sought approval of the agreement, which was contested by the company. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement complied with the requirements for enterprise agreements, including whether it was made in good faith, covered a workplace or group of employees, and was certified by the Commission. Additionally, the court had to consider if the agreement provided for the fair and reasonable terms for the employees, as well as whether it was consistent with the Fair Work (Registered Organisations) Act 2009.

After hearing submissions from both parties, the FWC found that the agreement was made in good faith and covered a defined workplace and group of employees. The court noted that the agreement contained provisions that were fair and reasonable for the employees and did not contravene any provisions of the Fair Work Act. The Commission also determined that the agreement was consistent with the requirements of the Fair Work (Registered Organisations) Act. As a result, the FWC approved the agreement.

The FWC’s decision to approve the enterprise agreement was based on a comprehensive analysis of the evidence presented. The court found that the agreement met all the statutory requirements for approval and did not contravene any provisions of the Fair Work Act. The FWC also noted that the agreement provided for fair and reasonable terms for the employees and was consistent with the requirements of the Fair Work (Registered Organisations) Act. Consequently, the FWC granted approval for the agreement, allowing it to come into effect as intended.

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