Austructure Services Pty Ltd

[2024] FWCA 2332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Austructure Services Pty Ltd

(AG2024/2074)

AUSTRUCTURE SERVICES COOMERA CONNECTOR CENTRAL CIVIL WORKS AWU GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 21 JUNE 2024

Application for approval of the Austructure Services Coomera Connector Central Civil Works AWU GreenfieldsAgreement 2024

An application has been made for the approval of a greenfields agreement known as the Austructure Services Coomera Connector Central Civil Works AWU Greenfields Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austructure Services Pty Ltd (the Applicant).

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 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 (AWU) 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.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austructure Services Pty Ltd applied for approval of the Austructure Services Coomera Connector Central Civil Works AWU Greenfields Agreement 2024. The application was heard in the Fair Work Commission. The dispute centred around whether the proposed agreement met the necessary standards under the Fair Work Act 2009, particularly in terms of its fairness and compliance with the broader industrial relations framework.

The legal issues revolved around the fairness of the proposed agreement and whether it complied with the relevant legislative requirements. The key concerns included the adequacy of the agreement's provisions regarding employee entitlements, working conditions, and the process through which the agreement was negotiated. The Commission needed to determine if the agreement provided for fair and reasonable terms for the employees and whether the negotiation process was conducted appropriately.

The Fair Work Commission assessed the agreement against the criteria outlined in the Fair Work Act 2009. It considered whether the agreement was in the interests of the employees and whether it provided for fair and reasonable terms. The Commission also examined the negotiation process to ensure it was conducted fairly and transparently. After thorough analysis, the Commission found that the proposed agreement was fair and complied with the legislative requirements. The application for approval was subsequently granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established