Australian Workers' Union, the

[2016] FWCA 666

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2016/103)

CIVIL AND ROAD REHABILITATION AND MAINTENANCE METRO

AND RURAL DIVISIONS, A.W.U VICTORIA MAINTENANCE

AGREEMENT 2015 TO 2018

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 3 FEBRUARY 2016

Application for approval of the Civil and Road Rehabilitation and Maintenance Metro and

Rural Divisions, A.W.U Victoria Maintenance Agreement 2015 to 2018.

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

Civil and Road Rehabilitation and Maintenance Metro and Rural Divisions, A.W.U Victoria

Maintenance Agreement 2015 to 2018 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] 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.
[2016] FWCA 666

[4] The Agreement was approved on 3 February 2016 and, in accordance with s.54, will

operate from 10 February 2016. The nominal expiry date of the Agreement is 31 August

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union made an application for the approval of the Civil and Road Rehabilitation and Maintenance Metro and Rural Divisions, A.W.U Victoria Maintenance Agreement 2015 to 2018 under section 185 of the Fair Work Act 2009. The application was heard by Commissioner Roe in Melbourne on 3 February 2016. The Union sought approval for the agreement, which is a single enterprise agreement, covering its members in the building, metal, and civil construction industries. The agreement was set to operate from 10 February 2016 until 31 August 2018.

The court needed to determine whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009. The Union had given notice under section 183 of the Act that it wanted the agreement to cover its members, and it was noted that the agreement did indeed cover the organisation. The court also had to consider whether the agreement met the requirements for approval under the Act.

Commissioner Roe found that the application met all the necessary requirements for approval. The agreement was approved on 3 February 2016 and would operate from 10 February 2016, as per section 54 of the Act. The nominal expiry date of the agreement was 31 August 2018. The court was satisfied that the agreement was fair and reasonable and met all the necessary criteria for approval.

The court approved the agreement and directed that it would operate from 10 February 2016 until 31 August 2018. The Union's application for approval was successful, and the agreement was deemed to meet all the necessary requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established