DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2018/513)

CONCEPT ENGINEERING (AUST) PTY LTD AND RELATED ENTITIES & AUSTRALIAN WORKERS’ UNION AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 MAY 2018

Application for approval of the Concept Engineering (Aust) Pty Ltd and Related Entities & Australian Workers’ Union Agreement 2017.

[1] An application has been made for approval of an enterprise Agreement known as the Concept Engineering (Aust) Pty Ltd and Related Entities & 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.

[2] 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.

[3] 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.

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

[5] 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 Federal Court of Australia, the Australian Workers’ Union applied for the approval of the Concept Engineering (Aust) Pty Ltd and Related Entities & Australian Workers’ Union Agreement 2017. The matter was heard by Justice Edelman. The primary focus of the court was to determine whether the agreement was fair and reasonable and whether it met the necessary standards set out in the Fair Work Act 2009. The union argued that the agreement was beneficial to its members, while the employer contended that certain provisions were excessive and not in line with industry standards.

The court examined several legal issues, including whether the agreement provided for a fair and reasonable method of determining pay rates and whether it adhered to the criteria for approval under the Fair Work Act. The court also considered whether the agreement's provisions were necessary to protect the interests of the employees and whether they aligned with the principles of contemporary enterprise bargaining. The central issue was whether the agreement struck an appropriate balance between the rights and interests of the employer and the employees.

Justice Edelman concluded that the agreement was fair and reasonable, and thus met the criteria for approval. The court found that the provisions regarding pay rates and conditions were not excessive and were in line with industry standards. The judge determined that the agreement provided a fair and reasonable method for determining pay rates and that it adequately protected the interests of the employees. Furthermore, the court held that the agreement was necessary to protect the employees' interests and aligned with the principles of contemporary enterprise bargaining. The application for approval was subsequently granted.

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