The Australian Workers' Union

[2013] FWCA 2193

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2013/809)

CITY CIRCLE RECYCLING EMPLOYEE AGREEMENT 2012 - 2015 VERSION 1.0

Waste management industry
COMMISSIONER CRIBB	MELBOURNE, 11 APRIL 2013

Application for approval of the City Circle Recycling Employee Agreement 2012 - 2015 Version 1.0.

[1] An application has been made for approval of an enterprise agreement known as the City Circle Recycling Employee Agreement 2012 - 2015 Version 1.0 (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 (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 11 April 2013 and, in accordance with s.54 of the Act, will operate from 18 April 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval for the City Circle Recycling Employee Agreement 2012-2015, Version 1.0. This application was heard in the Fair Work Commission, where the union aimed to establish the agreement as a certified agreement under the Fair Work Act 2009. The agreement was designed to cover employees working for City Circle Recycling, a company involved in recycling operations. The union's primary objective was to have the agreement recognised and enforceable as a legally binding document that would govern the terms and conditions of employment for the specified period.

The legal issues before the commission centred on whether the proposed agreement met the statutory requirements for certification. Key considerations included whether the agreement had been made in good faith, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it contained the necessary minimum terms and conditions. Additionally, the commission had to assess whether the agreement would provide a safety net for employees, ensuring that it did not disadvantage employees relative to the applicable awards or other agreements.

The commission examined the application and found that the proposed agreement was made in good faith and adhered to the procedural requirements outlined in the Fair Work Act. It determined that the agreement contained the minimum terms and conditions and provided an improved safety net for the employees. The commission took into account the nature of the recycling industry, the specific roles and responsibilities of the employees, and the overall terms of the agreement in reaching its decision. Consequently, the commission approved the City Circle Recycling Employee Agreement 2012-2015, Version 1.0, as a certified agreement under the Fair Work Act.

The final orders of the commission were that the City Circle Recycling Employee Agreement 2012-2015, Version 1.0, be approved as a certified agreement. The agreement was to take effect from the date of the commission's decision and would remain in force until the end of the specified period, unless terminated earlier in accordance with its terms or the provisions of the Fair Work Act. The approval of the agreement ensured that it would be legally binding on both the Australian Workers' Union and the employees covered by the agreement, as well as on City Circle Recycling as the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established