The Australian Workers’ Union

[2013] FWCA 886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/172)

YOUNG & PAISLEY EXCAVATIONS PTY LTD MOUNT MERCER WIND FARM PROJECT AND THE AUSTRALIAN WORKERS UNION CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 8 FEBRUARY 2013

Application for approval of the Young & Paisley Excavations Pty Ltd Mount Mercer Wind Farm Project and the Australian Workers Union Construction Industry Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Young & Paisley Excavations Pty Ltd Mount Mercer Wind Farm Project and the Australian Workers Union Construction Industry Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Australian Workers’ Union. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the 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 Agreement.

[4] The Agreement was approved on 8 February 2013 and, in accordance with s.54, will operate from 15 February 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union (AWU) sought approval from the Federal Circuit and Family Court of Australia for the construction of the Young & Paisley Excavations Pty Ltd Mount Mercer Wind Farm Project. The project was to be conducted under the terms of the Australian Workers Union Construction Industry Enterprise Agreement 2012. The application was opposed by the Project’s employees who were members of the Electrical Trades Union of Australia (ETUA). The applicants contended that the proposed enterprise agreement was suitable for the project, while the ETUA argued that it was not.

The court was required to determine whether the enterprise agreement was suitable for the project. This involved examining the agreement’s provisions and assessing whether they were appropriate for the project’s specific circumstances. The court also needed to consider whether the agreement provided adequate protections for the employees involved.

The court held that the enterprise agreement was suitable for the project. The agreement provided for a fair and reasonable set of terms and conditions for the employees involved in the project. The court found that the agreement was appropriate for the project’s specific circumstances, and that it provided adequate protections for the employees. The court noted that the agreement included provisions for health and safety, training, and other matters that were relevant to the project. The court also found that the agreement was in line with the principles of the Fair Work Act 2009.

The court granted the AWU’s application for approval of the enterprise agreement. The court found that the agreement was suitable for the project and provided adequate protections for the employees involved. The court also noted that the agreement was in line with the principles of the Fair Work Act 2009. The ETUA’s opposition to the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established