DECISION

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

The Australian Workers' Union
(AG2014/10935)

1STOP WORKFORCE PTY LTD / AWU NORTH WEST RAIL PROJECT CIVIL CONSTRUCTION GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 17 FEBRUARY 2015

Application for approval of the 1Stop Workforce Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the 1Stop Workforce Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2014 (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, Greater NSW Branch (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. I note that, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) sought approval of the 1Stop Workforce Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2014. This was a matter that was heard in the Fair Work Commission. The dispute was centred around the approval of an enterprise agreement between 1Stop Workforce Pty Ltd and the AWU, which was intended to govern the terms and conditions of employment for workers involved in the North West Rail Project.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically in terms of procedural fairness and the protection of employees' rights. The AWU argued that the agreement was fair and just, while the employer contended that certain provisions were not adequately representative of the workforce. The Commission had to determine if the agreement was genuinely negotiated and if it complied with the legislative criteria for approval.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including witness testimonies and submissions. The Commission found that while the agreement contained some provisions that did not adequately represent the workforce, it did not significantly prejudice the employees. The Commission concluded that the overall agreement was fair and just, and thus met the statutory requirements for approval. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission ordered the approval of the 1Stop Workforce Pty Ltd / AWU North West Rail Project Civil Construction Greenfields Agreement 2014, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Ombudsman and that the employer and union take necessary steps to inform their members of the approved agreement. This decision provided clarity and certainty for the parties involved and ensured that the terms of employment were regulated by a duly approved enterprise 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