The Australian Workers’ Union

[2014] FWCA 2232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/4087)

TELUM CONTRACT LABOUR PTY LIMITED / AWU NORTH WEST RAIL LINK PRE-CAST GREENFIELD AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 7 APRIL 2014

Application for approval of the Telum Contract Labour Pty Limited / AWU North West Rail Link Pre-Cast Greenfield Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Telum Contract Labour Pty Limited / AWU North West Rail Link Pre-Cast Greenfield Agreement 2014 (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 single-enterprise agreement.

[2] 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.

[3] The (AWU), being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 14 April 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission for approval of an enterprise agreement between Telum Contract Labour Pty Limited and its employees. The employees were engaged to work on the North West Rail Link Pre-Cast Greenfield project, and the agreement was to be known as the Telum Contract Labour Pty Limited / AWU North West Rail Link Pre-Cast Greenfield Agreement 2014. The union sought to have the agreement declared as a certified agreement, which would have the effect of prohibiting the employer from engaging in industrial action over the terms and conditions of employment.

The legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a "simple" agreement, which would require only the signature of the parties, or whether it was a "protected action" agreement, which would require approval from the Commission. The Commission also had to consider whether the agreement met the "better off overall test," which required that the employees be no worse off financially under the agreement than they were under their previous terms of employment.

The Commission found that the agreement was a simple agreement, as it did not seek to create or alter an industrial instrument, and it did not contain any provisions that were beyond the scope of the parties' bargaining power. The Commission also found that the agreement met the better off overall test, as it provided for a range of benefits to the employees, including pay rates, leave entitlements, and conditions of employment. The Commission was satisfied that the agreement was fair and reasonable, and it approved the agreement as a certified agreement.

The Commission made an order approving the Telum Contract Labour Pty Limited / AWU North West Rail Link Pre-Cast Greenfield Agreement 2014 as a certified agreement. The agreement was to take effect from the date of the Commission's decision and would remain in force until it was terminated or replaced by a new agreement. The union and the employer were required to take all necessary steps to give effect to the agreement, including providing copies to the employees and ensuring that the terms were complied with.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established