DECISION

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

The Australian Workers' Union
(AG2014/9735)

GUARDIAN 1 AND THE AWU GREENFIELD AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 9 DECEMBER 2014

Application for approval of the Guardian 1 and the AWU Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Guardian 1 and the AWU 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, 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 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval for the Guardian 1 and the AWU Greenfield Agreement 2014 in the Federal Circuit Court of Australia. The union argued that the agreements were necessary to protect the rights of its members, particularly those employed in the greenfield sector. The dispute centred on whether the agreements complied with the relevant industrial laws and if they provided adequate protections for the employees involved.

The court was tasked with determining whether the Guardian 1 and the AWU Greenfield Agreement 2014 met the criteria for approval under the applicable legislation. This involved assessing whether the agreements provided fair and reasonable terms and conditions for employees, and if they were consistent with broader industrial policies. The court also had to consider the implications of approving the agreements for the employees' rights and the industrial relations system.

After reviewing the evidence and submissions from both parties, the court found that the Guardian 1 and the AWU Greenfield Agreement 2014 did not fully comply with the necessary requirements. The court highlighted several deficiencies in the agreements that failed to adequately protect the employees' rights. As a result, the court refused to approve the agreements, emphasising the need for any future agreements to address the identified shortcomings.

The court's decision was based on a thorough analysis of the legal standards and the specific provisions of the agreements. By refusing approval, the court ensured that the employees' rights were safeguarded and that the industrial relations framework was upheld. This decision serves as a reminder of the importance of ensuring that any industrial agreements meet the required standards for fairness and reasonableness.

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