DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Indigenous Civil Group Pty Ltd T/A Indigenous Civil Group
(AG2019/721)

INDIGENOUS CIVIL GROUP PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 17 APRIL 2019

Application for approval of the Indigenous Civil Group Pty Ltd & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Indigenous Civil Group Pty Ltd & The Australian Workers’ Union Agreement 2019 (the Agreement). The application was made by Indigenous Civil Group Pty Ltd T/A Indigenous Civil Group 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute regarding the approval of an enterprise agreement between Indigenous Civil Group Pty Ltd and the Australian Workers' Union. The Australian Workers' Union sought approval for the proposed agreement on behalf of their members who were employed by Indigenous Civil Group Pty Ltd. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been made in good faith and whether it contained the necessary provisions to ensure that it was fair and reasonable for the employees. Additionally, the Commission examined whether the agreement had been appropriately negotiated and if the process followed was fair and just.

In reaching its decision, the Commission examined the evidence presented and found that the agreement had been made in good faith and contained all the necessary provisions to ensure it was fair and reasonable for the employees. The Commission was satisfied that the agreement had been appropriately negotiated and that the process followed was fair and just. The Commission also considered the potential impact of the agreement on the employees and found that it would provide them with improved working conditions and protections. Based on these findings, the Commission approved the agreement, noting that it met the necessary requirements under the Fair Work Act.

The Fair Work Commission approved the Indigenous Civil Group Pty Ltd & The Australian Workers' Union Agreement 2019, finding that it met the necessary procedural and substantive requirements under the Fair Work Act. The Commission was satisfied that the agreement had been made in good faith and contained all the necessary provisions to ensure it was fair and reasonable for the employees. The Commission also found that the agreement had been appropriately negotiated and that the process followed was fair and just. As a result, the agreement was approved and will now apply to the employees covered by it.

Indigenous Civil Group Pty Ltd T/A Indigenous Civil Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established