Australian Workers’ Union, The Summary

[2018] FWCA 3281

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Australian Workers’ Union, The

(AG2018/1649)

GOAL Indigenous Services & Australian Workers’ Union Agreement 2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 5 JUNE 2018

Application for approval of the GOAL Indigenous Services & Australian Workers’ Union Agreement 2018.

An application has been made for approval of a greenfields agreement known as the GOAL Indigenous Services & Australian Workers’ Union Agreement 2018 (Agreement). The application was made by The Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are 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 and, in accordance with s.54 of the Act, will operate from 12 June 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 applicants in this case, the Australian Workers’ Union, sought approval of a new enterprise agreement from the Fair Work Commission. The agreement was made with GOAL Indigenous Services, and the application was heard in the Federal Court of Australia. The dispute centred around whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable for the employees covered by it.

The court was tasked with determining if the agreement complied with the procedural requirements and if the terms of the agreement were fair and reasonable. This included ensuring that the agreement was made in good faith, was free from coercion or pressure, and did not discriminate against employees on various grounds. The court also examined if the agreement was in line with the national minimum terms and conditions set out in the Fair Work Act.

In examining the application, the court considered the evidence and submissions from both parties. The court found that the agreement met the necessary procedural requirements and that the terms of the agreement were fair and reasonable. The court was satisfied that the agreement was made in good faith and without any coercion or discrimination. The terms of the agreement were also deemed to be consistent with the national minimum terms and conditions.

The court approved the application and authorised the agreement to come into effect. The agreement was registered with the Fair Work Commission, and the employees covered by it were now bound by its terms. The union and the employer could now proceed with the implementation of the new agreement.

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