DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2017/6804)

ONLINE RECRUITMENT & THE AUSTRALIAN WORKERS’ UNION GREENFIELDS AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 MARCH 2018

Application for approval of the Online Recruitment & The Australian Workers’ Union Greenfields Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Online Recruitment & The Australian Workers’ Union Greenfields Agreement 2017 (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 Applicant 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2018. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Australian Workers’ Union and the employer, seeking approval for the Online Recruitment & The Australian Workers’ Union Greenfields Agreement 2017. The union had entered into this agreement with the employer to govern the terms and conditions of employment for certain workers. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement provided for fair and reasonable terms of employment, as mandated by section 235 of the Fair Work Act. The employer argued that the agreement was in the best interests of the workers, while the union maintained that it adequately covered the employees’ needs. The Commission had to consider various factors, including the agreement's coverage, the process by which it was made, and its alignment with the principles of fairness and reasonableness.

In reaching its decision, the Fair Work Commission considered the comprehensive nature of the agreement, which included provisions on wages, hours of work, leave, and other employment conditions. The Commission noted that the agreement was the product of good faith negotiations between the parties and that it provided for reasonable terms that were not unduly harsh, unjust, or oppressive to the employees. The Commission found that the agreement met the statutory criteria for approval and was in the best interests of the workers, given the balance it struck between the needs of the employer and the rights of the employees.

The Fair Work Commission approved the Online Recruitment & The Australian Workers’ Union Greenfields Agreement 2017, recognising its compliance with the relevant statutory provisions and its fairness to the employees involved. The agreement was thus authorised to have effect as a registered agreement under the Fair Work Act, governing the terms of employment for the specified workers.

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