DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/10335)

ST ALBANS TO WERRIBEE PIPELINE PROJECT AGREEMENT 2014 TO 2017 BETWEEN 1ST CHOICE PEOPLE AND THE AUSTRALIAN WORKERS UNION

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the St Albans to Werribee Pipeline Project Agreement 2014 to 2017 between 1st Choice People and the Australian Workers Union.

[1] An application has been made for approval of an enterprise agreement known as the St Albans to Werribee Pipeline Project Agreement 2014 to 2017 between 1st Choice People and the Australian Workers Union (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 (AWU). The agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the employee organisation which will be covered by the Agreement.

[3] 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.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, the relevant employee organisation which will be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement, in relation to work to be performed under the Agreement; and it is in the public interest to approve the Agreement in order to provide certainty as to employment terms and conditions, in the terms agreed between the parties.

[5] The AWU, being a bargaining representative for the Agreement, has given notice under s.185 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] Pursuant to s.190 of the Act, the parties have given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 28 February 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the St Albans to Werribee Pipeline Project Agreement 2014 to 2017, between 1st Choice People and the Australian Workers Union, the Federal Court was tasked with determining the legality and fairness of the agreement. The dispute arose from the union's objection to certain terms and conditions outlined in the agreement, which it argued were detrimental to the employees' welfare and did not adequately protect their rights and interests.

The primary legal issues before the court involved the interpretation and application of relevant industrial relations legislation, specifically the Fair Work Act 2009. The court needed to determine whether the agreement complied with the requirements for approval under the act and whether the terms and conditions were fair and reasonable. This required a detailed analysis of the agreement's provisions, including the classification of employees, their remuneration, working conditions, and dispute resolution mechanisms.

The court found that the agreement did not meet the criteria for approval as it failed to adequately address certain key issues raised by the union. The court was particularly concerned with the classification of employees and the associated remuneration, which it found to be insufficient. Additionally, the court found that the agreement did not provide adequate protection for employees' rights and interests, particularly in relation to working conditions and dispute resolution. As a result, the court rejected the application for approval of the agreement, emphasising the importance of fair and reasonable terms and conditions in industrial agreements.

In light of the court's decision, the agreement was not approved, and the parties were directed to negotiate a revised agreement that adequately addressed the concerns raised by the union. The court's decision highlights the importance of ensuring that industrial agreements comply with the relevant legislation and adequately protect the rights and interests of employees.

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