The Australian Workers' Union Summary

[2021] FWCA 7095

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2021/8674)

THE AWU AND LOW N LEVEL SHEARING AND CRUTCHING CONTRACTING (TASMANIAN SHEARING OPERATIONS) ENTERPRISE AGREEMENT

Agricultural industry
COMMISSIONER SPENCER	BRISBANE, 13 DECEMBER 2021

Application for approval of the AWU and Low n Level Shearing and Crutching Contracting (Tasmanian Shearing Operations) Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the AWU and Low n Level Shearing and Crutching Contracting (Tasmanian Shearing Operations) Enterprise Agreement (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 Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 1 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval of an enterprise agreement with Low n Level Shearing and Crutching Contracting (Tasmanian Shearing Operations) under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The main legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act, specifically whether it was a "direct replacement" of the previous agreement and whether it included mandatory terms.

The Commission found that the new agreement was a direct replacement of the previous agreement and that it contained all the mandatory terms required by the Fair Work Act. The Commission also found that the agreement had been fairly negotiated and that it provided for a fair and reasonable outcome for all parties. The Commission approved the enterprise agreement, noting that it provided for a fair and reasonable outcome for all parties and that it met the requirements for approval under the Fair Work Act. The Commission made an order approving the enterprise agreement, which is now in effect.

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