The Australian Workers’ Union

[2013] FWCA 5887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/8517)

MUSCLE POWER PTY LTD AND THE AUSTRALIAN WORKERS UNION CONSTRUCTION VICTORIAN, MTN VIEW QUARRIES (BARRO GROUP) PLANT UP GRADE PT WILSON AGREEMENT 2013

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

Application for approval of the Muscle Power Pty Ltd and The Australian Workers Union Construction Victorian, Mtn View Quarries (Barro Group) Plant Up Grade Pt Wilson Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Muscle Power Pty Ltd and The Australian Workers Union Construction Victorian, Mtn View Quarries (Barro Group) Plant Up Grade Pt Wilson Agreement 2013 (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 and 188 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 organisation.

[4] The Agreement was approved on 20 August 2013 and, in accordance with s.54, will operate from 27 August 2013. The nominal expiry date of the Agreement is 28 February 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of The Australian Workers’ Union involved an application for the approval of a specific industrial agreement between Muscle Power Pty Ltd and The Australian Workers Union Construction Victorian, concerning the Mtn View Quarries (Barro Group) Plant Up Grade at Port Wilson. The agreement in question, the 2013 Pt Wilson Agreement, was brought to the court by the union and the employer, seeking formal recognition and enforcement of its terms.

The legal issues that arose in this matter centred on whether the 2013 Pt Wilson Agreement met the necessary requirements for approval under relevant industrial laws. This included examining whether the agreement provided adequate protections for employees, whether it was made in good faith, and whether it complied with all necessary procedural requirements for such agreements. The court had to determine if the agreement was fair and reasonable, and if it appropriately balanced the interests of both employers and employees.

The court, after reviewing the evidence and arguments presented by both parties, concluded that the 2013 Pt Wilson Agreement was indeed fair and reasonable. It found that the agreement provided adequate protections for employees and was made in good faith. The court also confirmed that all procedural requirements had been met, leading to the approval of the agreement. This decision ensures that the terms of the agreement can now be formally enforced, benefiting both the employees and the employer involved.

The final orders of the court included the formal approval of the 2013 Pt Wilson Agreement, recognising it as a binding industrial instrument between Muscle Power Pty Ltd and The Australian Workers Union Construction Victorian. This approval allows for the implementation of the agreement's terms, providing a clear framework for the relationship between the employer and employees at the Mtn View Quarries.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established