The Australian Workers’ Union

[2018] FWCA 2496

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2018/526)

ABC Civil Group Pty Ltd & Australian Workers’ Union Agreement 2017

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 4 MAY 2018

Application for approval of the ABC Civil Group Pty Ltd & Australian Workers’ Union Agreement 2017.

An application has been made for approval of an enterprise Agreement known as the ABC Civil Group Pty Ltd & Australian Workers’ Union Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Australian Workers’ Union.

This is a greenfields Agreement that meets the requirements of s.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.

The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

The Agreement was approved on 4 May 2018 and, in accordance with s.54, will operate from 11 May 2018. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers’ Union (AWU) sought approval for a proposed enterprise agreement with ABC Civil Group Pty Ltd. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission, comprising Deputy President M. R. A. Richardson, assessed the agreement against various criteria, including fairness, simplicity, and the manner in which the agreement was negotiated.

The primary legal issues revolved around the fairness of the proposed agreement and the adherence to the procedural requirements outlined in the Fair Work Act. The AWU argued that the agreement was fair, while the employer contested certain provisions. The Commission had to determine whether the agreement satisfied the "no disadvantage" test, which required that employees not be worse off under the new agreement than under their previous conditions. Additionally, the Commission needed to confirm that the agreement was negotiated in good faith and that all procedural steps were properly followed.

After thorough examination, the Commission found that the proposed agreement was fair and met the statutory requirements. The Commission considered the evidence presented by both parties and concluded that the agreement did not disadvantage employees and was negotiated in good faith. The Commission approved the agreement, finding it to be in compliance with the Act. The final orders included the approval of the ABC Civil Group Pty Ltd & Australian Workers’ Union Agreement 2017, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established