DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2019/808)

THE CIVIL MECHANICAL SKILLS & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 MAY 2019

Application for approval of The Civil Mechanical Skills & The Australian Workers’ Union Major Projects Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Civil Mechanical Skills & The Australian Workers’ Union Major Projects Agreement 2019 (the Agreement). The application was made by The Australian Workers’ Union, The pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union, along with the Civil Mechanical Skills, sought approval of their Major Projects Agreement 2019 in the Fair Work Commission. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for being registered as a single-employer agreement. The agreement in question aimed to cover workers in the civil mechanical sector engaged in major projects across Australia. The union and the employer argued that the agreement was necessary to streamline operations and provide clarity and stability for both employers and employees in the industry.

The legal issues before the Commission involved whether the agreement was genuinely an agreement between the union and the employer, and whether it covered a significant number of employees to justify its registration. The Commission had to determine if the agreement met the threshold of covering at least 10 employees and whether the terms and conditions provided were fair and reasonable. Additionally, the Commission needed to ensure that the agreement did not undermine existing awards or enterprise agreements and complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission found that the agreement was genuinely negotiated between the union and the employer, and it covered a sufficient number of employees to meet the legislative threshold. The terms of the agreement were deemed fair and reasonable, providing adequate protections for the employees while also allowing flexibility for the employer in managing major projects. The Commission was satisfied that the agreement did not undermine existing awards and met all the statutory requirements for registration. Consequently, the Commission approved the registration of the Major Projects Agreement 2019.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established