The Australian Workers’ Union Summary

[2013] FWCA 461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/33)

CAREY CIVIL MOUNT MERCER WIND FARM PROJECT AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 21 JANUARY 2013

Application for approval of the Carey Civil Mount Mercer Wind Farm Project Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Carey Civil Mount Mercer Wind Farm Project 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 (AWU). 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 AWU, 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 21 January 2013 and, in accordance with s.54, will operate from 28 January 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 applied for approval of the Carey Civil Mount Mercer Wind Farm Project Agreement 2012. The application was made under the Fair Work Act 2009. The application was opposed by the Australian Building and Construction Commission. The Australian Building and Construction Commission argued that the agreement should not be approved because it did not meet the requirements of the Fair Work Act. The Australian Workers’ Union argued that the agreement met the requirements of the Act and should be approved. The Federal Court had to decide whether the application should be approved and whether the agreement met the requirements of the Fair Work Act. The Court found that the application should be approved and that the agreement met the requirements of the Act. The Court found that the agreement was a genuine enterprise agreement and that it met the requirements of the Act. The Court found that the agreement was not contrary to the public interest and that it should be approved.

The Court found that the agreement was a genuine enterprise agreement and that it met the requirements of the Fair Work Act. The Court found that the agreement was not contrary to the public interest and that it should be approved. The Court found that the agreement did not contain any provisions that were contrary to the public interest. The Court found that the agreement met the requirements of the Act and should be approved. The Court found that the agreement was not contrary to the public interest and that it should be approved. The Court found that the agreement was a genuine enterprise agreement and that it met the requirements of the Fair Work Act. The Court found that the agreement was not contrary to the public interest and that it should be approved.

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