Statewide Vic Pty Ltd

[2024] FWCA 2545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Statewide Vic Pty Ltd

(AG2024/2310)

STATEWIDE QLD CIVIL AWU GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 9 JULY 2024

Application for approval of the Statewide QLD Civil AWU Greenfields Agreement 2024

An application has been made for the approval of a greenfields agreement known as the Statewide QLD Civil 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 Statewide Vic Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186 and 187 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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

The case involves an application by Statewide Vic Pty Ltd to the Fair Work Commission for approval of the Statewide QLD Civil AWU Greenfields Agreement 2024. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009, which allows for the registration of an enterprise agreement that has been negotiated in good faith. The dispute centred around whether the agreement met the statutory requirements for approval and if it was negotiated in good faith.

The legal issues before the Commission included whether the agreement satisfied the prerequisites for approval under the Act, specifically if it provided for terms and conditions of employment and if it was made in accordance with the good faith bargaining obligations. Additionally, the Commission needed to determine if the agreement was genuinely negotiated and if it provided for appropriate protections for employees, including minimum wages and conditions, and the rights to certain entitlements.

The Commission found that the agreement complied with the statutory requirements and was made in good faith. It included provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions that met the standards set by the Act. The Commission was satisfied that the parties had engaged in genuine negotiations and that the agreement provided adequate protections for the employees. As a result, the Commission approved the Statewide QLD Civil AWU Greenfields Agreement 2024 for registration.

The Fair Work Commission's decision to approve the Statewide QLD Civil AWU Greenfields Agreement 2024 provides clarity for future enterprise agreements in similar contexts, reinforcing the importance of meeting statutory requirements and demonstrating genuine negotiation processes. The decision underscores the Commission's role in ensuring that agreements are fair and provide adequate protections for employees while also respecting the bargaining rights of employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established