The Australian Workers’ Union Summary

[2013] FWCA 3642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/1351)

THE AUSTRALIAN WORKERS’ UNION AND THE MELBOURNE GRAVITY ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 JUNE 2013

Application for approval of the The Australian Workers’ Union and the Melbourne Gravity Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Australian Workers' Union and the Melbourne Gravity Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 12 June 2013. The nominal expiry date of the Agreement is 1 March 2015

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union, along with the Melbourne Gravity, applied to the Fair Work Commission for the approval of their Enterprise Agreement 2013. The application arose due to disputes over the terms of the agreement, which the parties could not resolve through their own negotiations. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the required provisions, whether it had been negotiated in good faith, and whether it met the "better off overall test." The Commission needed to ensure that the agreement was fair and balanced, provided for minimum terms and conditions of employment, and did not adversely affect employees' conditions. Additionally, the Commission examined whether the agreement complied with any relevant federal or state laws.

The Commission found that the Enterprise Agreement contained all necessary provisions and had been negotiated in good faith. The agreement provided for minimum terms and conditions, ensuring that employees were not worse off as a result of the agreement. The Commission also determined that the agreement met the "better off overall test" and did not contravene any federal or state laws. As a result, the Commission approved the Enterprise Agreement, acknowledging its compliance with the relevant legal framework.

The Fair Work Commission approved the Enterprise Agreement 2013 between the Australian Workers’ Union and Melbourne Gravity. The Commission found that the agreement met all necessary criteria and was fair and balanced, providing for minimum terms and conditions of employment. The decision ensures that employees are protected and that the agreement complies with federal and state laws.

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