DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2018/527)

JDL RECRUITMENT PTY LTD & AUSTRALIAN WORKERS’ UNION AGREEMENT 2017

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

Application for approval of the JDL Recruitment Pty Ltd & Australian Workers’ Union Agreement 2017.

[1] An application has been made for approval of an enterprise Agreement known as the JDL Recruitment 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.

[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 Fair Work Commission, the Australian Workers’ Union applied for approval of the JDL Recruitment Pty Ltd & Australian Workers’ Union Agreement 2017. The agreement was made under the Fair Work Act 2009 and involved the employer and the union. The union argued that the agreement was in the best interests of the employees, while the employer raised concerns about certain provisions.

The legal issues before the commission included whether the agreement met the requirements of section 235 of the Act and whether it provided fair and reasonable terms for the employees. The union contended that the agreement was made in good faith and was fair and reasonable, while the employer questioned the enforceability of certain provisions and their alignment with the Act.

The commission considered the overall fairness and reasonableness of the agreement, the context in which it was made, and the parties' conduct. It concluded that the agreement was made in good faith and was fair and reasonable. The commission noted that the agreement provided benefits to the employees, such as improved conditions and protections. The commission also found that the employer's concerns did not outweigh the benefits provided to the employees.

The commission approved the agreement, and it will now be registered with the Fair Work Commission. The agreement will provide the framework for the employment conditions of the employees covered by it. The employer and the union are bound by the terms of the agreement, and it will govern the rights and obligations of the parties.

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