DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2015/6614)

BLEASDALE NATIONAL PERSONNEL PTY LTD SYDNEY LIGHT RAIL PROJECT GREENFIELD AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 NOVEMBER 2015

Application for approval of the Bleasdale National Personnel Pty Ltd Sydney Light Rail Project Greenfield Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Bleasdale National Personnel Pty Ltd Sydney Light Rail Project Greenfield Agreement 2015 (Agreement). The application was made by The Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 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 case before the Fair Work Commission involved the Australian Workers' Union, which sought approval of the Bleasdale National Personnel Pty Ltd Sydney Light Rail Project Greenfield Agreement 2015. The agreement in question was a collective bargaining agreement between the union and the employer, aimed at regulating the terms and conditions of employment for workers involved in the Sydney Light Rail Project. The union sought to have the agreement registered as a protected action in good faith, as it was necessary for the protection of its members' interests.

The legal issues before the Commission were primarily centred on whether the agreement was made in good faith, was for the purpose of protecting the employees' interests, and whether it complied with the requirements of the Fair Work Act 2009. The Commission had to consider the fairness of the agreement, the extent to which it protected the employees' interests, and whether it complied with the provisions of the Act. The Commission also had to consider the evidence presented by both parties and assess the overall merits of the agreement.

After considering the evidence presented, the Fair Work Commission found that the agreement was made in good faith and was for the purpose of protecting the employees' interests. The Commission was satisfied that the agreement was fair and reasonable and complied with the requirements of the Act. The Commission also found that the agreement was necessary for the protection of the employees' interests, particularly in relation to the terms and conditions of employment. The Commission approved the agreement and ordered that it be registered as a protected action in good faith.

In summary, the Fair Work Commission approved the Bleasdale National Personnel Pty Ltd Sydney Light Rail Project Greenfield Agreement 2015 as a protected action in good faith, finding that it was made in good faith, was for the purpose of protecting the employees' interests, and complied with the requirements of the Fair Work Act 2009. The decision highlights the importance of collective bargaining agreements in protecting the interests of employees and the role of the Fair Work Commission in ensuring that such agreements are fair and reasonable.

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