DECISION

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

The Australian Workers Union
(AG2018/2805)

FIRST SERVICE GROUP AND AUSTRALIAN WORKERS UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2018

Application for approval of the First Service Group and Australian Workers Union Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the First Service Group and 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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Workers Union, represented by its members, applied to the Fair Work Commission for approval of the First Service Group and Australian Workers Union Agreement 2018. This agreement outlines the terms and conditions of employment for workers employed by the First Service Group. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions and did not undermine the safety net of minimum entitlements.

The legal issues before the Commission involved the interpretation and application of sections 230 and 231 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it did not undermine the safety net of minimum entitlements. The application for approval also required consideration of whether the agreement was genuinely negotiated and if it complied with the procedural requirements under the Act.

In delivering its decision, the Commission emphasised the importance of ensuring that the terms of an enterprise agreement were fair and reasonable. It noted that the agreement must not only comply with the minimum standards set by the Act but also provide for terms that were fair and reasonable in the context of the particular industry and workforce. The Commission concluded that the agreement met the criteria for approval, as it provided for fair and reasonable terms and conditions and did not undermine the safety net of minimum entitlements. The procedural requirements were also met, and the agreement was genuinely negotiated.

The Commission approved the First Service Group and Australian Workers Union Agreement 2018, subject to certain conditions to ensure ongoing compliance with the Fair Work Act. The approval allows the agreement to be registered and enforceable, providing a framework for the terms and conditions of employment for the workers involved.

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