The Australian Workers' Union

Case

[2016] FWC 8190

15 NOVEMBER 2016


Details
AGLC Case Decision Date
The Australian Workers' Union [2016] FWC 8190 [2016] FWC 8190 15 NOVEMBER 2016

CaseChat Overview and Summary

In the case of The Australian Workers' Union, the Fair Work Commission was presented with an application for the approval of the TCQ Labour Pty Limited / AWU Civil Construction Metro Greenfield Agreement 2016. The Australian Workers' Union sought approval of the proposed enterprise agreement, which would govern the employment terms and conditions of workers within the specified scope of the agreement. The application involved scrutiny of the agreement to ensure compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it met the requirements for registration under the Fair Work Act, and whether the agreement provided for fair and reasonable terms and conditions. The Commission had to examine whether the agreement was made in good faith, whether it was free from any form of coercion, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to determine whether the agreement was made by a registered organisation and whether it complied with the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, made in good faith and free from any form of coercion. The Commission determined that the agreement met the requirements for registration under the Fair Work Act and provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement was made by a registered organisation and complied with the provisions of the Fair Work Act. Accordingly, the Commission approved the TCQ Labour Pty Limited / AWU Civil Construction Metro Greenfield Agreement 2016.

The Fair Work Commission approved the TCQ Labour Pty Limited / AWU Civil Construction Metro Greenfield Agreement 2016. The agreement is now a registered enterprise agreement, and the terms and conditions set out in the agreement will apply to the employees covered by the agreement. The approval of the agreement ensures that the employees within the scope of the agreement will have their employment terms and conditions governed by the agreement, providing them with a fair and reasonable set of employment terms and conditions.
Details

Areas of Law

  • Employment & Labour Law

Legal Concepts

  • Collective Bargaining Agreement

  • Approval of Agreement