DECISION

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

The Australian Workers' Union
(AG2014/9721)

LISCON PEOPLE PTY LTD/AWU NORTH WEST RAIL LINK PRE-CAST GREENFIELD AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 15 DECEMBER 2014

Application for approval of the Liscon People Pty Ltd/AWU North West Rail Link Pre-Cast Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Liscon People Pty Ltd/AWU North West Rail Link Pre-Cast Greenfield 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 (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 Fair Work Commission (FWC) received correspondence dated 11 December 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Secretary (AWU) and the Managing Director Liscon people Pty Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The Australian Workers' Union (AWU) filed an application seeking approval of a pre-cast greenfield agreement between Liscon People Pty Ltd and the union. The agreement was made in relation to the North West Rail Link project. The application was heard in the Fair Work Commission. The union argued that the agreement would provide job security and improved working conditions for its members. The employer, on the other hand, claimed that the agreement was not in the best interest of the business.

The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. The court had to consider whether the agreement was a good faith bargain and whether it provided a better outcome for the employees than the applicable award or registered agreement. The court also had to determine whether the agreement met the requirements for being a "single interest" agreement.

The court found that the agreement was a genuine bargain reached in good faith and provided better outcomes for the employees than the applicable award. The court also found that the agreement met the requirements for being a "single interest" agreement as it only covered employees of the employer. The court approved the agreement, stating that it would provide job security and improved working conditions for the employees. The employer was ordered to implement the agreement and comply with its terms.

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