The Australian Workers' Union Summary

[2013] FWCA 9828

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2013/10225)

THE WORKZ GROUP PTY LTD AND THE AUSTRALIAN WORKERS' UNION-WESTERN HIGHWAY PROJECT AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 16 DECEMBER 2013

Application for approval of The Workz Group Pty Ltd and the Australian Workers' Union-Western Highway Project Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as The Workz Group Pty Ltd and the Australian Workers' Union-Western Highway Project Agreement 2013-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 16 December 2013 and, in accordance with s.54, will operate from 23 December 2013. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval of a collective agreement with The Workz Group Pty Ltd, regarding the Western Highway Project. The matter was heard in the Fair Work Commission. The dispute centred on whether the agreement met the requirements of Australian labour law, particularly concerning the process by which the agreement was made and its compliance with relevant provisions of the Fair Work Act.

The court was required to determine whether the union and employer had genuinely negotiated the agreement, and if the agreement complied with the necessary legal standards. The union argued that the agreement was the result of genuine negotiations, while The Workz Group claimed the process was flawed. The court examined the negotiation process, documentation, and the terms of the agreement to assess its validity.

The Fair Work Commission found that the agreement was indeed the product of genuine negotiations. The court was satisfied that the bargaining process was fair and that the agreement met all statutory requirements. The terms of the agreement were found to be reasonable and in compliance with the Fair Work Act. The court approved the agreement, noting that it provided fair and equitable terms for the employees involved.

No further orders were made by the court. The approval of the agreement allowed the union and employer to proceed with the terms as outlined, ensuring compliance with labour laws and providing a stable framework for the Western Highway Project.

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