The Australian Workers' Union

[2014] FWCA 4901

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2014/1413)

SKM COOLAROO WASTE MANAGEMENT AGREEMENT 2014

Waste management industry
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2014

Application for approval of the SKM Coolaroo Waste Management Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SKM Coolaroo Waste Management 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). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met.

[3] The Fair Work Commission (FWC) received correspondence dated 15 July 2014, which included undertakings in support of the application, made and duly signed by the authorised Employer Representative proposed to the 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 Australian Workers’ Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied for approval of the SKM Coolaroo Waste Management Agreement 2014. The Fair Work Commission (FWC) was required to consider whether the agreement met the requirements of section 234 of the Fair Work Act 2009. The union argued that the agreement was in the public interest and provided for the fair and efficient management of waste services. The employer, SKM, contested the application, arguing that the agreement did not meet the statutory requirements for approval.

The FWC examined the agreement in light of the statutory criteria, including whether it provided for the fair and efficient management of the employer's business and whether it was in the public interest. The union submitted that the agreement provided for a modern and efficient waste management system, which would benefit both the employer and the community. The employer, on the other hand, argued that the agreement did not provide for an efficient management system and that it was not in the public interest.

The FWC found that the agreement did not meet the statutory requirements for approval. The commission considered that the agreement did not provide for the fair and efficient management of the employer's business, as it did not adequately address issues such as the allocation of work and the management of employee relations. The commission also found that the agreement was not in the public interest, as it did not adequately address environmental and community concerns. The application for approval of the agreement was therefore dismissed.

The FWC ordered that the application for approval of the SKM Coolaroo Waste Management Agreement 2014 be dismissed. The commission noted that the agreement could be revised and resubmitted for approval in the future, subject to meeting the statutory requirements. The union and employer were also directed to engage in good faith negotiations to reach a new agreement that met the statutory criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established