The Australian Workers’ Union

[2013] FWCA 7268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/9480)

MAWSON FORSTERVILLE ENTERPRISE AGREEMENT 2013-2015

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Mawson Forsterville Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Mawson Forsterville Enterprise Agreement 2013-2015 (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).

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

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2013. The nominal expiry date of the Agreement is 30 September 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union applied for approval of the Mawson Forsterville Enterprise Agreement 2013-2015 before the Fair Work Commission. The application was opposed by the employer, Mawson Industries. The primary dispute centred on the terms and conditions outlined in the proposed agreement, specifically regarding employee entitlements, working hours, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the provisions of the Act, including the requirement that it provided for fair and reasonable terms and conditions. The Commission needed to consider whether the agreement met the "better-off, overall test", ensuring that employees were not worse off overall under the terms of the agreement compared to their previous conditions. Additionally, the Commission examined whether the agreement adequately balanced the interests of both the employer and the employees, particularly in terms of procedural fairness and the avoidance of undue hardship on the employer.

In its decision, the Fair Work Commission found that the Mawson Forsterville Enterprise Agreement 2013-2015 met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that it passed the better-off, overall test. The Commission acknowledged the employer's concerns but concluded that the benefits to the employees, such as improved working conditions and dispute resolution processes, outweighed any potential disadvantages. The agreement was therefore approved as it balanced the interests of both parties effectively and complied with the legislative framework.

The final orders of the Commission were that the Mawson Forsterville Enterprise Agreement 2013-2015 be approved and registered with the Fair Work Commission. The agreement would come into effect from the date of the decision, and all employees covered by the agreement would be bound by its terms. The employer was directed to implement the agreed changes and provide necessary information to the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established