The Australian Workers’ Union Summary

[2013] FWCA 7800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/9431)

DEPI WILD DOG CONTROLLERS AGREEMENT 2012

State and Territory government administration
COMMISSIONER WILSON	MELBOURNE, 7 OCTOBER 2013

Application for approval of the DEPI Wild Dog Controllers Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the DEPI Wild Dog Controllers Agreement 2012 (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, 188 and 190 of the Act 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 Australian Workers’ Union.

[4] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Employer. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) filed an application with the Fair Work Commission to approve the DEPI Wild Dog Controllers Agreement 2012, which was intended to cover the employees of the Department of Environment, Parks, and Irrigation (DEPI). The union sought to have this agreement approved as a registered agreement under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the criteria for approval, specifically whether it contained the minimum terms and conditions required by the Act.

The key legal issues before the Commission were whether the agreement provided for the minimum terms and conditions of employment as required by section 226 of the Fair Work Act and whether it complied with the process for making an enterprise agreement as outlined in the Act. The Commission examined the agreement to determine if it included all the mandated minimum terms and conditions, and if the process for its creation was valid and in compliance with the statutory requirements.

The Commission concluded that the DEPI Wild Dog Controllers Agreement 2012 met all the necessary criteria for approval. The agreement contained all the minimum terms and conditions stipulated by the Act, and the process by which it was made was valid. The Commission found no procedural defects in the creation of the agreement and was satisfied that it was made in good faith and without any coercion. Consequently, the application was approved, and the agreement was registered under the Fair Work Act.

The Commission's decision was that the DEPI Wild Dog Controllers Agreement 2012 was approved and registered as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's approval. This ruling ensured that the agreement would provide the necessary protections and terms for the employees covered by the agreement.

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