The Australian Workers’ Union Summary

[2013] FWCA 7033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/9140)

HAZELL BROS GROUP PTY LIMITED AND THE AUSTRALIAN WORKERS UNION VICTORIA BRANCH PRINCES HIGHWAY EAST DUPLICATION STAMMERS ROAD TO MINNIDALE ROAD AND ASSOCIATED PACKAGES GREENFIELD PROJECT AGREEMENT 2013-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the Hazell Bros Group Pty Limited and The Australian Workers Union Victoria Branch Princes Highway East Duplication Stammers Road to Minnidale Road and Associated Packages Greenfield Project Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Hazell Bros Group Pty Limited and The Australian Workers Union Victoria Branch Princes Highway East Duplication Stammers Road to Minnidale Road and Associated Packages Greenfield 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 17 September 2013 and, in accordance with s.54, will operate from 24 September 2013. The nominal expiry date of the Agreement is 1 August 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union sought approval for an agreement between the Hazell Bros Group Pty Limited and the Australian Workers Union Victoria Branch for the Princes Highway East Duplication project. This project involved the duplication of the Princes Highway from Stammers Road to Minnidale Road, known as the Greenfield Project Agreement 2013-2015. The dispute arose over whether the terms of the agreement met the necessary requirements for approval under the relevant industrial legislation.

The central legal issue before the court was whether the agreement sufficiently protected the rights and interests of the employees and complied with the provisions of the Fair Work Act 2009. The court had to determine if the agreement adequately addressed wage rates, conditions of employment, and other relevant matters stipulated in the legislation. Additionally, the court needed to assess whether the agreement was fair and reasonable in all its terms and conditions.

In delivering its judgment, the court examined the terms of the agreement in detail. The court found that the agreement comprehensively addressed the wage rates, working conditions, and other relevant matters as required by the Fair Work Act. The court considered the evidence provided and concluded that the agreement was fair and reasonable. The court approved the agreement based on the thoroughness of the terms and their compliance with the legislative framework. Consequently, the application for approval was granted.

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