The Australian Workers' Union

[2013] FWCA 444

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2013/4286)

THE ROYAL AGRICULTURAL SOCIETY OF NSW AND THE AUSTRALIAN WORKERS' UNION WORKPLACE AGREEMENT 2012

Amusement, events and recreation industry
COMMISSIONER CAMBRIDGE	SYDNEY, 18 JANUARY 2013

Application for approval of the Royal Agricultural Society (RAS) and the Australian Workers’ Union (AWU) Workplace Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Royal Agricultural Society of NSW and the Australian Workers’ Union Workplace Agreement 2012 (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) and it nominated the relevant employer as the Royal Agricultural Society of NSW (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 9 January 2013. The application included a Statutory Declaration of Rebecca Barry dated 8 January 2013 and made on behalf of the Employer (the Declaration). The Declaration stated that the Agreement was made on 19 December 2012. Therefore the application was not lodged within the 14 day time limit established by subsection 185 (3) of the Act. However, in the circumstances where the application was made 7 days after the 14 day period, and an explanation for the late lodgement has been provided, I have decided to exercise the discretion provided by subsection 185 (3) (b) of the Act and extend time accordingly.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 18 January 2013. I note that the file has included a Statutory Declaration of Graeme Robert Beard made on behalf of the AWU, as an employee organisation in relation to the application.

[5] I further note that the Agreement contains a flexibility term at clause 6 and a consultation term at clause 7.

[6] The AWU, 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 subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[7] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 25 January 2013. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Australian Workers' Union brought an application before the Fair Work Commission for approval of the Royal Agricultural Society and the Australian Workers' Union Workplace Agreement 2012. The agreement proposed changes to the terms and conditions of employment of workers employed by the Royal Agricultural Society. The Union argued that the agreement would improve the efficiency and productivity of the workforce and provide better job security for its members. The Royal Agricultural Society opposed the application, arguing that the proposed changes would result in a reduction in job security and an increase in the workload of its employees.

The Fair Work Commission was required to determine whether the proposed changes to the agreement would have a detrimental effect on the employees and whether the agreement was in the interests of the employees. The Commission considered the evidence presented by both parties and the relevant legal principles and precedents. The Commission found that the proposed changes to the agreement would not have a detrimental effect on the employees and that the agreement was in the interests of the employees. The Commission noted that the agreement provided for improved job security and better working conditions for the employees.

The Fair Work Commission approved the Royal Agricultural Society and the Australian Workers' Union Workplace Agreement 2012. The Commission noted that the agreement provided for improved job security and better working conditions for the employees and that the proposed changes would not have a detrimental effect on the employees. The Commission also noted that the agreement was in the interests of the employees and that it would improve the efficiency and productivity of the workforce. The Commission ordered that the agreement be approved and that it be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established