The Australian Workers’ Union Summary

[2014] FWCA 1731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2014/460)

CMR PERSONNEL GEELONG RING ROAD SECTION 4 C AND WINCHELSEA BARWON RIVER & BRIDGE PROJECTS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 14 MARCH 2014

Application for approval of the CMR Personnel 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 CMR Personnel 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. 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 Australian Workers’ Union, 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 14 March 2014 and, in accordance with s.54, will operate from 21 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 Australian Workers' Union, an applicant, sought approval of an agreement concerning the Personnel Geelong Ring Road Section 4 C and Winchelsea Barwon River & Bridge Projects. The Union aimed to formalise the terms and conditions of employment for the workers involved in these projects. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Union had to demonstrate that the agreement provided a safety net for workers and did not disadvantage employees. The Commission needed to assess if the agreement was made in good faith and if it provided for fair terms and conditions.

The Fair Work Commission found that the agreement provided a safety net for workers and was made in good faith. The Commission concluded that the agreement did not disadvantage employees and met the requirements set out in the Fair Work Act 2009. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Personnel Geelong Ring Road Section 4 C and Winchelsea Barwon River & Bridge Projects Agreement 2014, confirming that it met the legislative requirements and provided a fair and safe working environment for the employees involved.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established