AWX Labour Pty Ltd

[2014] FWCA 5296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AWX Labour Pty Ltd
(AG2014/1874)

AWX LABOUR WORKPLACE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 AUGUST 2014

Application for approval of the AWX Labour Workplace Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 23 July 2014 by AWX Labour Pty Ltd for the approval of a single-enterprise agreement known as the AWX Labour Workplace Agreement 2014(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AWX Labour Pty Ltd applied for the approval of a workplace agreement under the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission, comprising of Deputy President S. J. Gilmour, Commissioner R. C. Hodgson, and Commissioner P. A. Harms. The dispute centred around the validity and fairness of the AWX Labour Workplace Agreement 2014. The applicant sought to have the agreement approved, arguing that it was a genuine and fair workplace agreement made in accordance with the requirements of the Fair Work Act.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act, including whether it was genuinely negotiated and whether it provided for appropriate mechanisms for dispute resolution. The applicant argued that the agreement was negotiated in good faith and provided for fair terms and conditions of employment. The respondent, however, contended that the agreement was not genuinely negotiated and did not provide for appropriate mechanisms for dispute resolution.

The court found that the agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act. The court noted that the agreement provided for fair terms and conditions of employment, including provisions for minimum wages and penalty rates, leave entitlements, and dispute resolution mechanisms. The court also found that the agreement provided for appropriate mechanisms for dispute resolution, including the establishment of a workplace dispute resolution committee. The court was satisfied that the agreement was a genuine and fair workplace agreement that met the requirements of the Fair Work Act.

The court approved the AWX Labour Workplace Agreement 2014 and made an order to that effect. The order was made on the basis that the agreement was genuinely negotiated and met the criteria for approval under the Fair Work Act. The order was also made on the condition that the applicant provide a copy of the approved agreement to the Fair Work Ombudsman within 14 days of the date of the order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established