The Australian Workers’ Union Summary

[2014] FWCA 6560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/1864)

EXCELL GRAY BRUNI PTY LTD AND THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Excell Gray Bruni Pty Ltd and the Australian Workers’ Union Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Excell Gray Bruni Pty Ltd and the Australian Workers’ Union 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 10 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union sought approval for an enterprise agreement with Excell Gray Bruni Pty Ltd. The agreement aimed to govern the terms and conditions of employment for the company's employees. The union argued that the agreement was fair and reasonable, while the company contested certain provisions, particularly those concerning remuneration and redundancy entitlements.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was procedurally and substantively fair to the employees. The Commission had to consider the procedural fairness of the bargaining process and whether the agreement met the criteria for being deemed as "protected action." Additionally, the Commission needed to assess whether the agreement provided for minimum entitlements and did not adversely affect employees' rights.

The Commission found that the agreement was procedurally fair, as the union had properly engaged with the company and its employees during the bargaining process. In terms of substantive fairness, the Commission determined that while some provisions required minor adjustments to align with minimum entitlements, the overall agreement was fair and reasonable. The company's concerns regarding redundancy entitlements were addressed by the union's concessions, which the Commission found acceptable. The Commission approved the agreement with the specified amendments, ensuring compliance with the statutory requirements and fairness to the employees.

The Fair Work Commission approved the Excell Gray Bruni Pty Ltd and the Australian Workers’ Union Agreement 2014, subject to the amendments made to certain provisions. These amendments were necessary to ensure the agreement met the minimum standards set by the Fair Work Act 2009 and maintained fairness for the employees. The company and the union were directed to implement the approved agreement, which now served as a legally binding enterprise agreement for the employees covered by it.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established