DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWX Labour Pty Ltd
(AG2018/7148)

AWX LABOUR WORKPLACE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 JUNE 2019

Application for approval of the AWX Labour Workplace Agreement 2018

[1] AWX Labour Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the AWX Labour Workplace Agreement 2018 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Since the application was made in December 2018, concerns have been raised by and with the Commission in relation to whether: the pre-approval requirements were met; the Agreement contravenes s.55 of the Act, passes the “better off overall” test and contains mandatory terms.

[3] The Australian Workers’ Union (AWU) was not a bargaining representative for the Agreement. Pursuant to s.590, the AWU was invited to inform the Commission in relation to its specified concerns about the Agreement.

[4] Further information was provided in relation to the various concerns.

[5] The signature page of the Agreement lodged with the application was incomplete. A revised signature page was filed by the Applicant correcting the error. I am satisfied that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. I note that, for the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality, and as the enterprise agreement when made did not contain the redacted details. 1

[6] Written undertakings have been given in accordance with s.190 of the Act and are attached at Annexure A. The AWU submitted that its concerns are resolved by certain undertakings given. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[7] Having regard to the application materials, further information provided and subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 21 June 2023.

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, AWX Labour Pty Ltd applied for approval of the AWX Labour Workplace Agreement 2018. The application was opposed by the Transport Workers Union of Australia, representing employees of the company. The dispute centred on whether the proposed workplace agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of the Act, specifically the need for it to provide for minimum terms and conditions of employment and to ensure procedural fairness in its creation. The opposition raised concerns about the agreement's provisions regarding pay rates, shift patterns, and the process through which the agreement was negotiated.

The Commission examined the procedural fairness of the agreement's negotiation process and its substantive provisions. It found that the process followed was appropriate and that the employees had a meaningful opportunity to be involved in the negotiations. The substantive terms of the agreement were also reviewed, and the Commission determined that they were consistent with the minimum terms and conditions set out in the relevant award. Consequently, the Commission approved the workplace agreement, finding it to be fair and reasonable in all respects. The final order was that the AWX Labour Workplace Agreement 2018 be approved and registered with the Commission.

AWX Labour Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established