DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2015/7592)

THE ROYAL AGRICULTURAL SOCIETY OF NSW AND THE AUSTRALIAN WORKERS’ UNION WORKPLACE AGREEMENT 2015.

Amusement, events and recreation industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 DECEMBER 2015

Application for approval of The Royal Agricultural Society of NSW and the Australian Workers’ Union Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Royal Agricultural Society of NSW and the Australian Workers’ Union Workplace Agreement 2015 (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 employer is the Royal Agricultural Society of NSW. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] The Australian Workers’ Union Greater New South Wales Branch, 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) of the Act, I note that the Agreement covers the organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Royal Agricultural Society of New South Wales and the Australian Workers’ Union were before the Fair Work Commission in an application for approval of the 2015 Workplace Agreement. The agreement was intended to cover a range of workers employed in the Society’s operations. The application was contested by a number of other unions, who argued that the agreement contained terms that were contrary to public policy and not genuinely agreed upon by the parties. The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether the terms of the agreement were contrary to public policy, and whether the agreement provided for the fair treatment of employees. The Commission found that the agreement was a genuine enterprise agreement and that it did not contain terms that were contrary to public policy. The Commission also found that the agreement provided for the fair treatment of employees. The Commission approved the agreement, noting that it contained provisions for the protection of employees' rights and entitlements, and that the agreement was the result of genuine bargaining between the parties. The Commission made orders approving the agreement and directing that it be registered with the Fair Work Commission.

Australian Workers’ Union, The

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established