DECISION

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

The Australian Workers' Union
(AG2015/1860)

AM LABOUR HIRE PTY LTD / AWU CIVIL CONSTRUCTION (NSW) GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 25 MARCH 2015

Application for approval of the AM Labour Hire Pty Ltd/AWU Civil Construction (NSW) Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AM Labour Hire Pty Ltd/AWU Civil Construction (NSW) Greenfields Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union (the Applicant) and nominates The Australian Workers’ Union (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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 particular, I am satisfied that the 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval of an enterprise agreement with AM Labour Hire Pty Ltd. The application was heard by the Fair Work Commission (FWC). The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009, particularly the provisions concerning the bargaining process and the substantive terms of the agreement.

The legal issues before the FWC involved whether the agreement was genuinely negotiated between the parties, whether it was appropriately certified, and if it contained terms that were contrary to the provisions of the Fair Work Act. The FWC had to determine if the union had the necessary authorisation to represent the employees, if the bargaining process was conducted in good faith, and if the agreement met the requirements for fairness and reasonableness.

The FWC found that the union had the necessary authorisation to represent the employees and that the bargaining process was conducted in good faith. The Commission also determined that the agreement was fairly negotiated and contained terms that were not contrary to the Fair Work Act. The FWC approved the agreement, stating that it met the statutory requirements and was in the best interests of the employees.

The FWC made an order approving the AM Labour Hire Pty Ltd/AWU Civil Construction (NSW) Greenfields Agreement 2015. The agreement was deemed to be in effect from the date of the FWC's approval and would remain in force until terminated or superseded by a new agreement.

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