The Australian Workers' Union

[2014] FWCA 2267

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2014/607)

CONNECT PEOPLE AND THE AUSTRALIAN WORKERS' UNION VICTORIAN INDUSTRIAL SERVICES ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER CARGILL	SYDNEY, 8 APRIL 2014

Application for approval of the Connect People and The Australian Workers' Union Victorian Industrial Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Connect People and The Australian Workers' Union Victorian Industrial Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Australian Workers’ Union (AWU). The agreement is a greenfields agreement.

[2] Connect People Pty Ltd has provided written undertakings in relation to the consultation term at clause 9 of the Agreement. The AWU has provided written support for the undertakings.

[3] I am satisfied the undertakings meet any concern I have in relation to the Agreement. In accepting the undertakings I have also accepted they are not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[5] In accordance with s.187(5)(a) of the Act 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 April 2014. The nominal expiry date is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval of the Connect People and The Australian Workers' Union Victorian Industrial Services Enterprise Agreement 2013 from the Fair Work Commission. The application arose from negotiations between the union and Connect People, a company in the industrial services sector. The dispute centred around the terms and conditions of employment for workers covered by the proposed agreement.

The legal issues before the court were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum entitlements, the proper bargaining process was followed, and if the agreement was in the public interest. The union argued that the agreement was fair and reasonable, while Connect People contended that certain provisions were excessive and not reflective of the bargaining process.

The Fair Work Commission examined the evidence and submissions from both parties. It found that the agreement was largely consistent with the minimum entitlements set out in relevant awards and included provisions that were fair and reasonable. The Commission was satisfied that the bargaining process had been proper and that the agreement was in the public interest. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the Connect People and The Australian Workers' Union Victorian Industrial Services Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established