Statewide Vic Pty Ltd T/A Statewide Vic Pty Ltd Summary

[2022] FWCA 435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s. 185—Enterprise agreement

Statewide Vic Pty Ltd T/A Statewide Vic Pty Ltd

(AG2021/9188)

STATEWIDE VIC PTY LTD & The Australian Workers’ Union Agreement 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 18 FEBRUARY 2022

Application for approval of the STATEWIDE VIC PTY LTD & The Australian Workers’ Union Agreement 2021.

An application has been made for approval of a greenfields agreement known as the STATEWIDE VIC PTY LTD & The Australian Workers’ Union Agreement 2021 (the Agreement). The application was made by Statewide Vic Pty Ltd T/A Statewide Vic Pty Ltd pursuant to s. 185 of the Fair Work Act 2009 (the Act).

The Agreement meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of sections 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 are 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 Australian Workers’ Union and that the Agreement covers the organisation.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 18 February 2022 and, in accordance with s. 54 of the Act, will operate from 25 February 2022. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Statewide Vic Pty Ltd, trading as Statewide Vic Pty Ltd, filed an application seeking approval for the Statewide Vic Pty Ltd & The Australian Workers’ Union Agreement 2021. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement should be approved as a registered agreement under the Fair Work Act 2009. The legal issues before the Commission centred on the compliance of the agreement with the requirements of the Act, particularly whether the agreement had been made in good faith and whether it provided for the protection of employees’ rights and interests.

The Commission began its analysis by examining the process through which the agreement was made, ensuring that it complied with the procedural fairness requirements. It considered whether the employer and the union had engaged in genuine negotiations and whether the agreement reflected a balance of interests between the parties. The Commission also assessed whether the terms of the agreement provided adequate protection to employees, including provisions related to wages, hours of work, leave entitlements, and other conditions of employment. Furthermore, the Commission evaluated whether the agreement contained any terms that were contrary to public policy or that would have an adverse effect on employees’ rights.

Upon reviewing the evidence and submissions from both parties, the Commission found that the Statewide Vic Pty Ltd & The Australian Workers’ Union Agreement 2021 was made in good faith and met the statutory requirements. The agreement was deemed to provide for the protection of employees' rights and interests, and it did not contain any terms that contravened public policy. Consequently, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009. The decision was made on the basis that the agreement was fair and balanced, and it would serve the interests of both the employer and the employees.

Statewide Vic Pty Ltd T/A Statewide Vic Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established