The Australian Workers Union

[2018] FWCA 4756

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers Union

(AG2018/3018)

FIRST LABOUR HIRE PTY. LTD. & Australian Workers’ Union Agreement 2018

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 14 AUGUST 2018

Application for approval of the FIRST LABOUR HIRE PTY. LTD. & Australian Workers’ Union Agreement 2018.

An application has been made for approval of a greenfields agreement known as the FIRST LABOUR HIRE PTY. LTD. & 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).

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 are 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 28 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Workers Union applied to the Fair Work Commission for approval of an agreement entered into with First Labour Hire Pty Ltd. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court before which this matter was heard was the Fair Work Commission.

The legal issues that the court was required to decide included whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements of the Fair Work Act, and whether it provided for the proper protection of employees' rights. The court had to examine the agreement to ensure that it was not inconsistent with any industrial instrument or statute, and that it was not likely to have an adverse effect on employees.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and that it complied with the procedural requirements of the Fair Work Act. The court noted that the agreement provided for the proper protection of employees' rights, and that it was not inconsistent with any industrial instrument or statute. The court also found that the agreement was not likely to have an adverse effect on employees. The application for approval of the agreement was therefore granted.

The Fair Work Commission approved the Australian Workers Union and First Labour Hire Pty Ltd Agreement 2018, and it became a registered agreement under the Fair Work Act. This decision provides guidance on the requirements for approval of enterprise agreements and the protection of employees' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established