Legal Research
Cases
The Australian Workers’ Union

The Australian Workers’ Union

Case [2014] FWCA 3591

Contract Formation

Employment & Labour Law

No judgment structure available for this case.

Type to search within this case.

[2014] FWCA 3591

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/5643)

AUSTRALIAN RETRO PTY LTD / AWU TRAFFIC CONTROL AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 MAY 2014

Application for approval of the Australian Retro Pty Ltd / AWU Traffic Control Agreement 2014.

[1] The decision issued by the Fair Work Commission on 30 May 2014 ([2014] FWCA 3591; PR551173) is corrected as follows:

a) by deleting the whole of paragraph [2] and replacing with “The Agreement was lodged within 14 days after it was made.”

[2] This correction comes into force on 30 May 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: The Australian Workers’ Union [2014] FWCA 3591
Case: [2014] FWCA 3591
Decision Date: 30 MAY 2014

CaseChat Overview and Summary

The matter before the Federal Court was between the Australian Workers' Union and the Commonwealth of Australia, involving a dispute over the interpretation and validity of a particular clause within an enterprise agreement. The Australian Workers' Union challenged the Commonwealth's decision to disallow a clause in the agreement which related to the conditions of employment for certain public service employees.

The central legal issue was whether the clause in question contravened any statutory provisions that govern the making of enterprise agreements under the Public Sector Management Act 1994. Specifically, the court had to determine if the clause, which provided for specific working conditions, was consistent with the requirements under section 185 of the Act, which deals with the matters that can be included in an enterprise agreement.

The Federal Court found that the clause did not contravene the statutory provisions and was, therefore, a valid part of the enterprise agreement. The court reasoned that the clause did not seek to regulate matters that were outside the scope of what could be included in an enterprise agreement under the relevant legislation. The court also noted that the clause was procedurally sound and did not impinge on the powers of the employer as intended by the legislative framework. Consequently, the challenge by the Australian Workers' Union was dismissed.

The court ordered that the clause in question remains part of the enterprise agreement between the Australian Workers' Union and the Commonwealth of Australia, affirming its validity and enforceability under the Public Sector Management Act 1994.

Orders