DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2018/2729)

GROUND HOG CIVIL (VIC) & AUSTRALIAN WORKERS’ UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JULY 2018

Application for approval of the Ground Hog Civil (Vic) & Australian Workers’ Union Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Ground Hog Civil (Vic) & Australian Workers’ Union Agreement 2018 (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 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.

[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 13 July 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

The Australian Workers’ Union lodged an application for approval of the Ground Hog Civil (Vic) & Australian Workers’ Union Agreement 2018 with the Fair Work Commission (FWC). The agreement proposed various terms and conditions of employment for employees of Ground Hog Civil (Vic). The dispute centered on whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was genuinely a bargain between the parties and if it complied with the Fair Work (Registered Organisations) Act 2009.

The legal issues before the FWC involved assessing the genuineness of the agreement, including whether it was made without coercion and whether it covered terms and conditions of employment. Additionally, the FWC had to determine if the agreement was in the public interest and if it adhered to the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. The FWC also considered whether the agreement contained terms that were otherwise unlawful or contrary to public policy.

The FWC examined the evidence provided by both parties and found that the agreement was genuinely made between Ground Hog Civil (Vic) and the Australian Workers’ Union without any coercion. The FWC concluded that the agreement covered a broad range of terms and conditions of employment and was in the public interest. The FWC further determined that the agreement did not contain any terms that were unlawful or contrary to public policy. As a result, the FWC approved the Ground Hog Civil (Vic) & Australian Workers’ Union Agreement 2018.

The FWC's final orders included the approval of the Ground Hog Civil (Vic) & Australian Workers’ Union Agreement 2018, effective from the date of the decision. The agreement was to be registered and published on the Fair Work Commission’s website, ensuring transparency and accessibility for all parties involved. This decision provides clarity on the approval process for enterprise agreements and reinforces the importance of genuine bargaining in industrial relations.

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