Australian Workers' Union, the Summary

[2016] FWCA 1965

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2016/669)

CITYLINK TULLA WIDENING BULLA ROAD TO POWER STREET

GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 31 MARCH 2016

Application for approval of the CityLink Tulla Widening Bulla Road to Power Street

Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the

CityLink Tulla Widening Bulla Road to Power Street Greenfields Agreement 2015

(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.53(2)(b) I note the Agreement was made with The Australian Workers’

Union and that the Agreement covers this organisation.
[2016] FWCA 1965

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 April

2016. The nominal expiry date of the Agreement is 7 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied for approval of the CityLink Tulla Widening Bulla Road to Power Street Greenfields Agreement 2015 (Agreement) under section 185 of the Fair Work Act 2009. The Agreement pertains to a greenfield enterprise, fulfilling the requirements of section 172(2)(b) of the Act. The application was made by The Australian Workers’ Union and the Agreement covers work to be performed under it. The Commissioner was satisfied that the Union represents the industrial interests of a majority of employees who will be covered by the Agreement and that it is in the public interest to approve the Agreement.

The court considered the requirements of sections 186 and 187 of the Act, which are relevant to the approval of the Agreement. The Commissioner noted that the Agreement was made with The Australian Workers’ Union and that it covers this organisation. The Commissioner determined that the Agreement met all necessary requirements for approval. The Agreement was approved and will operate from 7 April 2016, with a nominal expiry date of 7 April 2018.

The Commissioner concluded 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. The Agreement is approved and will operate from 7 April 2016. The court found that it is in the public interest to approve the Agreement and that all necessary requirements under the Act have been met. The Commissioner’s decision was that the Agreement is approved and will operate from 7 April 2016, with a nominal expiry date of 7 April 2018.

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