DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/8141)

CUT & FILL PTY LTD / AUSTRALIAN WORKERS UNION, PRINCES FREEWAY - SNEYDES RD INTERCHANGE PROJECT AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 8 DECEMBER 2014

Application for approval of the Cut & Fill Pty Ltd / Australian Workers Union, Princes Freeway - Sneydes Rd Interchange Project Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cut & Fill Pty Ltd / Australian Workers Union, Princes Freeway - Sneydes Rd Interchange Project 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 agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Cut & Fill Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Australian Workers’ Union filed an application in the Fair Work Commission for the approval of the Cut & Fill Pty Ltd / Australian Workers Union, Princes Freeway - Sneydes Rd Interchange Project Agreement 2014. The agreement aimed to regulate employment terms for workers involved in the construction of the interchange project. The dispute centred around the terms of the agreement, particularly whether it provided adequate protections and conditions for the workers.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, specifically focusing on the terms and conditions of employment, minimum wage rates, and procedural fairness. The Union argued that the agreement did not sufficiently protect workers' rights, while Cut & Fill Pty Ltd maintained that the agreement was fair and met all legal requirements.

In its decision, the Commission carefully reviewed the terms of the agreement against the statutory framework. The Commission found that while the agreement provided for adequate wages and conditions, it lacked specific provisions regarding procedural fairness in certain employment disputes. Consequently, the Commission determined that the agreement did not fully comply with the requirements of the Fair Work Act and did not approve the agreement. The Commission directed both parties to negotiate further to address the identified deficiencies.

The Fair Work Commission ordered that the application for approval of the agreement be dismissed and directed the parties to engage in further negotiations to rectify the shortcomings identified in the agreement. The Commission scheduled a follow-up hearing to review any revised agreement.

The Australian Workers’ Union

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established