DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2016/4389)

LACK GROUP SERVICES PTY LTD / AWU CIVIL CONSTRUCTION GREENFIELD NSW AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 AUGUST 2016

Application for approval of the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54, will operate from 25 August 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union applied to the Fair Work Commission for approval of the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW Agreement 2016. The company opposed the application. The dispute centred on the proper interpretation and application of the Fair Work Act 2009 and related regulations to determine whether the agreement met the legal criteria for approval.

The legal issues before the Commission involved whether the agreement provided for proper procedural fairness in its creation, if the agreement's terms were consistent with the statutory framework for enterprise agreements, and if the agreement was in the best interests of the employees it covered. The Commission examined the process by which the agreement was made, scrutinised the contents of the agreement against statutory requirements, and assessed whether the agreement's provisions aligned with the objectives of the Fair Work Act.

The Fair Work Commission found that the agreement had been made in procedurally fair circumstances, contained terms that complied with the legislative framework, and was in the best interests of the employees. The Commission emphasised the importance of the bargaining process being free from any undue influence or coercion, and was satisfied that the evidence demonstrated that the agreement had been fairly negotiated. The terms of the agreement were also found to be consistent with the Fair Work Act, covering matters such as pay, classification, and working conditions, and providing for appropriate protections and entitlements for employees. Finally, the Commission concluded that the agreement would serve the best interests of the employees, taking into account the benefits and protections it provided.

The Fair Work Commission approved the Lack Group Services Pty Ltd / AWU Civil Construction Greenfield NSW Agreement 2016.

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