The Australian Workers’ Union

[2017] FWCA 6714

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2017/5221)

Greater Geelong Constructions PTY LTD Geelong Area Agreement Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Lee	MELBOURNE, 18 DECEMBER 2017

Application for approval of the Greater Geelong Constructions PTY LTD Geelong Area Agreement Enterprise Agreement 2017.

An application has been made for approval of a greenfields agreement known as the Greater Geelong Constructions PTY LTD Geelong Area Agreement Enterprise Agreement 2017. The application was made by The Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

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.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Australian Workers’ Union and the Greater Geelong Constructions PTY LTD. The matter before the court was the application for approval of the Geelong Area Agreement Enterprise Agreement 2017. The court was tasked with determining whether the enterprise agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court had to examine whether the agreement contained all the mandatory terms required by the Act, and whether the process for its creation and approval was lawful and fair. The court also considered whether the agreement was likely to have a detrimental effect on the employees' terms and conditions of employment.

In its decision, the court examined the terms of the enterprise agreement and the process by which it was negotiated and approved. The court found that the agreement contained all the mandatory terms required by the Fair Work Act 2009, and that the process for its creation and approval was lawful and fair. The court also concluded that the agreement was not likely to have a detrimental effect on the employees' terms and conditions of employment. As such, the court approved the Geelong Area Agreement Enterprise Agreement 2017.

The court's final order was that the Geelong Area Agreement Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the court's decision, and would remain in force until such time as it was varied or replaced by a new enterprise agreement. The court's decision provided certainty for both the employer and the employees, and ensured that the agreement met the requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established