DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2017/378)

CIVIL MECHANICAL SKILLS PAKENHAM MANUFACTURING FACILITY AGREEMENT

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 MARCH 2017

Application for approval of the Civil Mechanical Skills Pakenham Manufacturing Facility Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Civil Mechanical Skills Pakenham Manufacturing Facility Agreement (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.

[2] 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 (AWU) 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 (AWU) and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 23 March 2017. The nominal expiry date of the Agreement is 23 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union sought approval of an enterprise agreement under the Fair Work Act 2009, specifically for the Civil Mechanical Skills Pakenham Manufacturing Facility Agreement. The respondents, including several employers, challenged the union’s application on the basis that the agreement did not meet the requirements of the Act. The case was heard in the Fair Work Commission.

The legal issues the court had to address were whether the agreement contained only permissible matters, and whether it was free from any invalidity. The court needed to determine if the agreement contained provisions that exceeded the scope of the permitted topics under the Act, and if any procedural errors had occurred during the agreement’s negotiation and approval process. The court also had to consider whether the union had genuinely negotiated the agreement with the employers.

The Fair Work Commission found that the agreement contained several provisions that went beyond the scope of permissible matters, such as provisions that related to the union’s internal governance and political activities. The court also found that there were procedural flaws in the negotiation and approval process. The commission concluded that the agreement did not meet the requirements of the Act and dismissed the union’s application. The court’s reasoning was based on the specific provisions of the agreement and the procedural errors identified during the negotiation process.

The Fair Work Commission dismissed the union’s application for approval of the Civil Mechanical Skills Pakenham Manufacturing Facility Agreement, finding that the agreement contained impermissible provisions and was procedurally flawed. The court’s decision highlights the importance of ensuring that enterprise agreements comply with the requirements of the Act and are genuinely negotiated between the union and the employers.

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