The Australian Workers’ Union

[2013] FWCA 8849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/10008)

THE WORKZ GROUP PTY LTD AND THE AUSTRALIAN WORKERS’ UNION - REGIONAL RAIL LINK SOUTHERN CROSS STATION TO FOOTSCRAY JUNCTION PROJECT AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 12 NOVEMBER 2013

Application for approval of The Workz Group Pty Ltd and the Australian Workers’ Union - Regional Rail Link Southern Cross Station to Footscray Junction 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 - Regional Rail Link Southern Cross Station to Footscray Junction Project Agreement 2013-2015 (the 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 12 November 2013 and, in accordance with s.54, will operate from 19 November 2013. The nominal expiry date of the Agreement is 30 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union, representing employees of The Workz Group Pty Ltd, sought approval for a project agreement concerning the Regional Rail Link Southern Cross Station to Footscray Junction Project from 2013 to 2015. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms of employment, including minimum rates of pay, and if it aligned with the Fair Work Act’s objectives, such as ensuring the protection of vulnerable employees. Another issue was whether the agreement appropriately balanced the interests of both the employer and the employees. The Commission also had to consider whether the agreement included adequate provisions for the resolution of disputes and the participation of employees in decision-making processes.

In assessing these issues, the Commission found that the proposed agreement provided for fair and reasonable terms of employment, as it adhered to the minimum wage rates and included provisions for overtime, penalty rates, and allowances. The Commission determined that the agreement was consistent with the objectives of the Fair Work Act and effectively balanced the interests of both parties. Additionally, the agreement included adequate mechanisms for dispute resolution and provided for employee participation in the decision-making process. Consequently, the Commission approved the application for the project agreement.

The Fair Work Commission approved the application for the project agreement between The Workz Group Pty Ltd and the Australian Workers’ Union, effective from 2013 to 2015, on the basis that it met the necessary standards for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established