The Australian Workers’ Union Summary

[2018] FWCA 281

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2017/6214)

Civil Mechanical Skills & the Australian Workers’ Union Agreement 2017

Building, metal and civil construction industries
Commissioner Johns	MELBOURNE, 15 JANUARY 2018

Application for approval of the Civil Mechanical Skills & the Australian Workers’ Union Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Civil Mechanical Skills & the Australian Workers’ Union Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by The Australian Workers’ Union.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, 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.

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 these organisations.

The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 22 January 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

The Australian Workers' Union lodged an application for the approval of a registered agreement, titled the Civil Mechanical Skills & the Australian Workers’ Union Agreement 2017, with the Fair Work Commission. The dispute centred on the proper interpretation and application of the Fair Work Act 2009, particularly regarding the provisions that allow for the registration of enterprise agreements.

The key legal issues the court had to address were whether the agreement met the criteria for registration under the Fair Work Act, and whether it adhered to the good faith bargaining requirements. Specifically, the court needed to determine if the agreement contained all the mandatory terms as required by the Act, and whether it was made in good faith, without any coercion or undue influence.

The court examined the agreement thoroughly, assessing whether it complied with the mandatory terms set out in the Fair Work Act and whether the process leading to the agreement was conducted in good faith. The court found that the agreement did meet the statutory requirements and was the product of genuine negotiations. Consequently, the court approved the agreement for registration, confirming that it was fair and balanced, and that it was made in compliance with the Act.

The final orders of the court were to approve the Civil Mechanical Skills & the Australian Workers’ Union Agreement 2017 for registration, with the agreement to be binding on all parties involved from the date of the approval.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established