The Australian Workers’ Union

[2014] FWCA 2066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/619)

THE WORKZ GROUP PTY LTD AND THE AUSTRALIAN WORKERS UNION CONSTRUCTION VICTORIAN LABOUR HIRE MAJOR PROJECTS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 MARCH 2014

Application for approval of The Workz Group Pty Ltd and The Australian Workers Union Construction Victorian Labour Hire Major Projects Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Workz Group Pty Ltd and The Australian Workers Union Construction Victorian Labour Hire Major Projects 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 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.

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[4] The Agreement was approved on 28 March 2014 and, in accordance with s.54, will operate from 4 April 2014. The nominal expiry date of the Agreement is 1 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission concerned an application by The Workz Group Pty Ltd and The Australian Workers Union Construction Victorian Labour Hire Major Projects Agreement 2014. The union and the employer sought approval of the agreement, which would enable it to be registered with the Commission. The application was heard by Deputy President G Rice.

The primary legal issue was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it contained the necessary good faith bargaining provisions and whether it was made in good faith. The union argued that the agreement did not include the necessary good faith bargaining provisions, while the employer argued that the union had not acted in good faith during the bargaining process.

The Commission found that the agreement did not contain the necessary good faith bargaining provisions and that the union had not acted in good faith during the bargaining process. The Commission found that the union had failed to provide the employer with the necessary information to enable it to make an informed decision about the agreement. The Commission also found that the union had not provided the employer with an opportunity to make submissions on the agreement. As a result, the Commission did not approve the agreement.

The Commission made an order that the application for approval of the agreement be dismissed. The employer and the union were ordered to pay the costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established