The Australian Workers’ Union

[2013] FWCA 5543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/2176)

ZWF ACT PTY LTD AND THE AUSTRALIAN WORKERS’ UNION GREENFIELDS AGEREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 12 AUGUST 2013

Application for approval of the ZWF ACT Pty Ltd and The Australian Workers’ Union Greenfields Agreement 2013.

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the ZWF ACT Pty Ltd and The Australian Workers’ Union Greenfields Agreement 2013 (Greenfields Agreement).

[2] The application was lodged by The Australian Workers’ Union (AWU) on 1 August 2013 and is a single-enterprise Greenfields Agreement.

[3] I have considered the matters contained in the employer declaration and the declaration made on behalf of the AWU, which I note will be covered by the Greenfields Agreement.

[4] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields 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 Greenfields Agreement.

[5] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2013. The nominal expiry date of the Greenfields Agreement is 31 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union, acting on behalf of its members employed by ZWF ACT Pty Ltd, applied to the Fair Work Commission for approval of the ZWF ACT Pty Ltd and The Australian Workers’ Union Greenfields Agreement 2013. The application was contested by ZWF ACT Pty Ltd, which raised several objections to the agreement. The matter was heard and determined by the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, ZWF ACT Pty Ltd contended that the agreement did not comply with the 'better off overall test' and that certain provisions were not genuinely agreed upon by the parties. The Union argued that the agreement satisfied all necessary conditions for approval.

The Fair Work Commission found that the agreement was genuinely agreed upon by the parties and met the better off overall test. The Commission considered the overall package of terms and conditions, including wage increases and other benefits, and concluded that the agreement provided a fair and reasonable outcome for the employees. The objections raised by ZWF ACT Pty Ltd were accordingly dismissed.

The Fair Work Commission approved the ZWF ACT Pty Ltd and The Australian Workers’ Union Greenfields Agreement 2013, effective from the date of the decision. The agreement is now binding on the parties and their respective members, providing a framework for the terms and conditions of employment for the duration specified within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established