Australian Workers' Union, the

[2016] FWCA 703

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2016/2220)

P & T FORMWORK & WELDING PTY LIMITED / AWU

WESTCONNEX PROJECT CIVIL CONSTRUCTION GREENFIELDS

AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 3 FEBRUARY 2016

Application for approval of the P & T Formwork & Welding Pty Limited / AWU WestConnex

Project Civil Construction Greenfields Agreement 2016.

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

& T Formwork & Welding Pty Limited / AWU WestConnex Project Civil Construction

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

Union and that the Agreement covers this organisation.
[2016] FWCA 703

[5] The Agreement is approved and, in accordance with s.54, will operate from 10

February 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, The Australian Workers' Union applied for the approval of an enterprise agreement known as the P & T Formwork & Welding Pty Limited / AWU WestConnex Project Civil Construction Greenfields Agreement 2016. The application was made pursuant to section 185 of the Fair Work Act 2009. The Union sought approval of the agreement on behalf of a group of employees who would be performing work under the agreement.

The Commission had to determine whether the requirements of sections 186 and 187 of the Act had been met. In particular, the Commission had to be satisfied that the group of employees was fairly chosen and that it was in the public interest to approve the agreement. The Commission also had to be satisfied that the Union was entitled to represent the industrial interests of a majority of employees who would be covered by the agreement.

The Commission was satisfied that the requirements of sections 186 and 187 of the Act had been met. The group of employees was fairly chosen and it was in the public interest to approve the agreement. The Union was entitled to represent the industrial interests of a majority of employees who would be covered by the agreement. The agreement was therefore approved and would operate from 10 February 2016. The nominal expiry date of the agreement is 1 May 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established