DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2015/2634)

THE AUSTRALIAN WORKERS’ UNION AND THE MELBOURNE GRAVITY ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 MAY 2015

Application for approval of The Australian Workers’ Union and the Melbourne Gravity Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Australian Workers’ Union and the Melbourne Gravity Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It was made by The Australian Workers’ Union.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 22 May 2015. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union applied for approval of The Australian Workers’ Union and the Melbourne Gravity Enterprise Agreement 2015 under the Fair Work Act 2009. The application was opposed by the Australian Taxation Office, which argued that the agreement contained terms that were not compliant with the Act. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether certain terms of the enterprise agreement were compliant with the requirements of the Fair Work Act. Specifically, the Australian Taxation Office argued that the agreement contained terms that exceeded the scope of the protected action provisions and that it did not provide adequate protections for employees. The Union argued that the terms were necessary to protect the rights and interests of its members and that they were consistent with the principles of the Act.

After considering the arguments of both parties, the Fair Work Commission found that the enterprise agreement was compliant with the requirements of the Act. The Commission noted that the agreement contained provisions that were necessary to protect the rights and interests of employees and that they did not exceed the scope of the protected action provisions. The Commission also found that the agreement provided adequate protections for employees and that it was consistent with the principles of the Act. Accordingly, the application for approval of the enterprise agreement was approved.

The Fair Work Commission approved The Australian Workers’ Union and the Melbourne Gravity Enterprise Agreement 2015, finding that it was compliant with the requirements of the Fair Work Act. The Commission rejected the arguments of the Australian Taxation Office and found that the agreement contained provisions that were necessary to protect the rights and interests of employees and that they did not exceed the scope of the protected action provisions. The agreement was approved and will now be registered with the Fair Work Commission.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established