DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2015/6705)

TELUM CIVIL PROJECTS (NSW) PTY LTD / AWU NORTHCONNEX PROJECT CIVIL CONSTRUCTION GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 25 NOVEMBER 2015

Application for approval of the Telum Civil Projects (NSW) Pty Ltd / AWU NorthConnex Project Civil Construction Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the Telum Civil Projects (NSW) Pty Ltd / AWU NorthConnex Project Civil Construction 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 2 December 2015. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union filed an application in the Fair Work Commission for the approval of the Telum Civil Projects (NSW) Pty Ltd / AWU NorthConnex Project Civil Construction Greenfields Agreement 2015. The primary dispute concerned whether the agreement met the criteria for approval under the Fair Work Act 2009, focusing on the provisions regarding wages, penalty rates, and other employment conditions.

The legal issues before the commission included the determination of whether the agreement provided adequate protection for employees, whether it adhered to the standards set out in the Fair Work Act, and whether it was consistent with the principles of the Fair Work (Registered Organisations) Act 2009. The commission also needed to consider if the agreement appropriately balanced the interests of the employer and the employees, particularly in the context of the NorthConnex Project.

The Fair Work Commission examined the agreement in detail, assessing its compliance with relevant provisions of the Fair Work Act. The commission concluded that the agreement provided sufficient protections for employees and met the legislative requirements. It found that the agreement was consistent with the principles of the Fair Work Act and the Fair Work (Registered Organisations) Act. The commission approved the agreement, noting that it appropriately balanced the interests of both the employer and the employees, taking into account the specific circumstances of the NorthConnex Project.

The Fair Work Commission approved the Telum Civil Projects (NSW) Pty Ltd / AWU NorthConnex Project Civil Construction Greenfields Agreement 2015, finding it to be in compliance with the relevant legislative provisions and appropriate for the project's context.

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