The Australian Workers’ Union

[2013] FWCA 5880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/8512)

STRAIGHT UP SCAFFOLDING (AUST) PTY LTD AND THE AUSTRALIAN WORKERS UNION CONSTRUCTION VICTORIAN MAJOR PROJECTS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 AUGUST 2013

Application for approval of the Straight Up Scaffolding (Aust) Pty Ltd and The Australian Workers Union Construction Victorian Major Projects Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Straight Up Scaffolding (Aust) Pty Ltd and The Australian Workers Union Construction Victorian Major Projects Agreement 2013 (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 19 August 2013 and, in accordance with s.54, will operate from 26 August 2013. The nominal expiry date of the Agreement is 31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union Construction Victorian Major Projects Agreement 2013 was the subject of an application for approval by the Fair Work Commission. The dispute arose between the Australian Workers' Union and Straight Up Scaffolding (Aust) Pty Ltd. The application was heard by the Full Bench of the Fair Work Commission.

The central legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided adequate protection for employees' rights and interests, and if it aligned with the overarching objectives of the Fair Work Act. The court also had to assess if the agreement was made in good faith and whether it was fair and reasonable.

The Full Bench found that the agreement was compliant with the statutory requirements for approval. The agreement was deemed to provide appropriate protections for employees and met the objectives of the Fair Work Act. The court concluded that the agreement was made in good faith and was fair and reasonable. The application for approval was subsequently approved, affirming the validity of the agreement between the parties.

The Fair Work Commission approved the application for approval of the Straight Up Scaffolding (Aust) Pty Ltd and The Australian Workers Union Construction Victorian Major Projects Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established