DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2018/6041)

CONNECT PEOPLE VIC & AUSTRALIAN WORKERS’ UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Connect People VIC & Australian Workers’ Union Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Connect People VIC & Australian Workers’ Union Agreement 2018 (the Agreement). The application was made by The Australian Workers’ Union 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 18 February 2018. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union (AWU) applied for the approval of the Connect People VIC & Australian Workers’ Union Agreement 2018. The agreement in question sought to establish terms and conditions for employees working under the agreement. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided a safety net of minimum entitlements and was free from coercive conduct.

The court was required to determine if the agreement provided employees with a safety net of minimum entitlements, including minimum wages, penalty rates, leave entitlements, and maximum weekly hours. The court also had to assess if the agreement was made without any contravention of the Act, including the absence of any undue influence or coercion in the agreement's formation. Additionally, the court examined if the agreement complied with the procedural fairness requirements, ensuring proper notice and opportunity for employees to review and comment on the agreement.

After thorough examination, the Fair Work Commission found that the agreement met the safety net provisions and was free from undue influence or coercion. The commission held that the agreement was procedurally fair, providing employees with adequate notice and opportunity to review and comment on the terms. The commission approved the agreement, confirming that it complied with the statutory requirements for approval. The court found that the agreement provided a fair and reasonable set of terms and conditions for the employees and was in line with the objectives of the Fair Work Act 2009.

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