DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Workers’ Union, The
(AG2015/5271)

COMPLEX WESTERN SCAFFOLDING PTY LTD AND THE AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Complex Western Scaffolding Pty Ltd and The Australian Workers’ Union Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Complex Western Scaffolding Pty Ltd and The Australian Workers' Union Enterprise 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 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] 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] 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.

[5] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Complex Western Scaffolding Pty Ltd and The Australian Workers’ Union Enterprise Agreement 2015. The applicant, The Australian Workers’ Union, sought to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness of the agreement process and the compliance of the agreement with the statutory requirements for registration.

The legal issues the court needed to determine included whether the agreement was made in accordance with the procedural fairness requirements set out in the Fair Work Act, and whether the agreement contained all the necessary provisions required for registration. Specifically, the court examined whether the union had adequately represented the employees during the negotiation process, and whether the agreement complied with the provisions relating to the minimum terms and conditions outlined in the Act.

The Fair Work Commission found that the agreement was made in compliance with the procedural fairness requirements. The union had conducted a proper ballot of the employees and had represented them appropriately throughout the negotiation process. The Commission also determined that the agreement met all the statutory requirements for registration, including the inclusion of the prescribed minimum terms and conditions. The court held that the agreement was fair and could be approved for registration.

In light of its findings, the Fair Work Commission approved the Complex Western Scaffolding Pty Ltd and The Australian Workers’ Union Enterprise Agreement 2015 as a registered enterprise agreement. The decision confirmed the validity of the agreement and ensured that it would be enforceable under the Fair Work Act.

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