The Australian Workers' Union

[2013] FWCA 5212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Australian Workers' Union
(AG2013/2094)

E.B MAWSONS & SONS AND AWU ENTERPRISE AGREEMENT 2013-2016

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 30 JULY 2013

Application for approval of the E. B. Mawsons & Sons and AWU Enterprise Agreement 2013-2016.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the E. B. Mawsons & Sons and AWU Enterprise Agreement 2013-2016 (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 AWU). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr Lee Buntman of the AWU on 24 July 2013. A F17 Employer’s Declaration in Support of Application for Approval of an Enterprise Agreement was filed on 24 July 2013 by Mr Peter Richardson an employee of E.B Mawsons & Sons Pty Ltd.

[3] On 24 July 2013, the AWU submitted an F18 Declaration of Employee Organisation in relation to an Application for Approval of an Enterprise Agreement. The AWU is therefore coved by the Agreement.

[4] The Agreement was listed for e-hearing, in chambers before me at 2:30pm on Tuesday, 30 July 2013.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate from seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Workers' Union brought an application before the Fair Work Commission for the approval of the Enterprise Agreement between E. B. Mawsons & Sons and the union. The application was brought pursuant to section 231 of the Fair Work Act 2009, which provides that an agreement will not have effect unless the Commission approves it. The dispute centered around the fairness and compliance of the agreement with the statutory provisions.

The legal issues before the Commission included whether the agreement was free from any prohibited content, whether it complied with the good faith bargaining provisions, and if the agreement was made in good faith. Additionally, the Commission had to determine whether the agreement met the requirement of being "fair" in terms of the benefits, terms, and conditions for the employees, as well as the obligations for the employer.

The Commission found that the agreement was free from prohibited content, complied with the good faith bargaining provisions, and was made in good faith. The agreement was also found to be fair, taking into account the benefits, terms, and conditions for the employees, as well as the obligations for the employer. The Commission approved the Enterprise Agreement, noting that it provided a balanced outcome for both the employer and the employees. The parties were directed to lodge the approved agreement with the Commission as required by the Fair Work Act.

The Fair Work Commission approved the E. B. Mawsons & Sons and AWU Enterprise Agreement 2013-2016, finding it to be free from prohibited content, in compliance with good faith bargaining provisions, made in good faith, and fair in terms of the benefits, terms, and conditions for the employees, as well as the obligations for the employer. The parties were directed to lodge the approved agreement with the Commission as per the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established