The Australian Workers' Union Summary

[2014] FWCA 5661

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2014/1945)

LACK GROUP SERVICES PTY LTD AND THE AUSTRALIAN WORKERS' UNION NSW GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 AUGUST 2014

Application for approval of the Lack Group Services Pty ltd and The Australian Workers' Union NSW Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lack Group Services Pty ltd and The Australian Workers' Union NSW 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union (AWU) sought approval of the Lack Group Services Pty Ltd and The Australian Workers' Union NSW Greenfields Agreement 2014. The application involved determining the appropriateness of the agreement's terms and conditions, and whether it met the necessary legal requirements under the Fair Work Act 2009.

The legal issues centred around whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of the process by which the agreement was negotiated, the fairness of its terms and conditions, and its alignment with the principles of the national workplace relations system. Additionally, the court had to consider whether the agreement appropriately addressed the needs and interests of the employees involved.

The Fair Work Commission examined the negotiation process and found it to be compliant with the statutory requirements. The Commission assessed the fairness of the agreement's terms, taking into account the economic and social context in which the agreement was made. It determined that the agreement was consistent with the national workplace relations system and that it appropriately balanced the interests of both the employer and the employees. Based on these findings, the Commission approved the agreement.

The Commission ordered the approval of the agreement, recognising its compliance with the relevant legislative framework and its fairness in terms of the parties' interests. The decision underscored the importance of adhering to the procedural and substantive requirements set out in the Fair Work Act when negotiating and approving enterprise agreements.

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