The Australian Workers’ Union

[2014] FWCA 1791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/453)

HOARE BROS GEELONG RING ROAD SECTION 4 C AND WINCHELSEA BARWON RIVER & BRIDGE PROJECTS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 18 MARCH 2014

Application for approval of the Hoare Bros Geelong Ring Road Section 4 C and Winchelsea Barwon River & Bridge Projects Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hoare Bros Geelong Ring Road Section 4 C and Winchelsea Barwon River & Bridge 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 (AWU). The agreement is a single enterprise agreement.

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

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

[4] The Agreement was approved on 18 March 2014 and, in accordance with s.54, will operate from 25 March 2014. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Hoare Bros Geelong Ring Road Section 4 C and Winchelsea Barwon River & Bridge Projects Agreement 2014. The applicant was the Australian Workers’ Union, and the employer was Hoare Bros. The union sought approval of the agreement, which contained provisions related to the terms and conditions of employment for workers involved in the specified projects. The dispute centred around the interpretation and approval of certain clauses within the agreement.

The primary legal issue before the commission was whether the provisions in the agreement, particularly those concerning overtime and penalty rates, were fair and reasonable and complied with the applicable legislative framework. The union argued that the agreement adequately protected the rights and entitlements of the workers, while the employer contended that certain provisions were overly restrictive and not reflective of the practicalities of the projects. The commission was required to consider whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission determined that the provisions in question were not unreasonable or unfair, and therefore approved the agreement. The commission found that the agreement contained appropriate safeguards for workers, including provisions for overtime and penalty rates that were consistent with industry standards. The commission also considered the practicalities of the projects and the need for flexibility in the agreement. The union's application for approval was subsequently granted, and the agreement was registered with the Fair Work Commission.

The final orders of the commission included the approval and registration of the Hoare Bros Geelong Ring Road Section 4 C and Winchelsea Barwon River & Bridge Projects Agreement 2014. The union's application for approval was successful, and the agreement was deemed to be fair and reasonable, meeting the requirements of the Fair Work Act 2009. The decision provides guidance for employers and unions in negotiating and drafting agreements for specific projects, ensuring that the rights and entitlements of workers are adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established