DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2017/381)

CIVIL MECHANICAL SKILLS AND THE AUSTRALIAN WORKERS UNION CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 3 MARCH 2017

Application for approval of the Civil Mechanical skills and The Australian Workers Union Construction Industry Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Civil Mechanical skills and The Australian Workers Union Construction Industry Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Australian Workers’ Union.

[2] This is a greenfields Agreement that meets the requirements of s.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 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 10 March 2017. The nominal expiry date of the Agreement is 3 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Civil Mechanical skills and The Australian Workers Union Construction Industry Enterprise Agreement 2016. The application was made by the Australian Workers’ Union and was heard by the Fair Work Commission (FWC). The dispute centred around whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009.

The key legal issues before the FWC were whether the agreement provided for fair and reasonable terms and conditions of employment, whether it contained provisions that would allow for genuine flexibility and adaptability in the workplace, and whether it adequately protected the interests of employees, particularly those in casual or part-time roles. The FWC had to consider the overall balance of the agreement and its potential impact on the bargaining power of employees.

The FWC found that the agreement provided for fair and reasonable terms and conditions, including provisions for reasonable working hours, adequate leave entitlements, and provisions that allowed for genuine flexibility in the workplace. The FWC also found that the agreement adequately protected the interests of employees, particularly those in casual or part-time roles, by providing for minimum wage rates and other protections. The FWC was satisfied that the agreement met the necessary requirements for approval under the Fair Work Act. The FWC approved the proposed agreement subject to certain conditions and modifications.

The FWC made an order approving the Civil Mechanical skills and The Australian Workers Union Construction Industry Enterprise Agreement 2016, subject to certain conditions and modifications. The order provided for the agreement to come into effect on a specified date and required the parties to provide certain information to the FWC in the future. The order also provided for the agreement to be registered with the Australian Industrial Relations Commission.

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