The Australian Workers’ Union Summary

[2017] FWCA 1983

The attached document replaces the document previously issued with the above code on 10 April 2017.

The main Agreement title is amended to match the Agreement title clause.

Member Assist
Member Support Research Team

10 April 2017

[2017] FWCA 1983

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Australian Workers’ Union

(AG2017/972)

Western Treatment Plant (“Agreement”)

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 APRIL 2017

Application for approval of the Western Treatment Plant (“Agreement”).

An application has been made for approval of a greenfields agreement known as the Western Treatment Plant (“Agreement”). 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 these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2017. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union (AWU) sought approval of an agreement reached with the Western Treatment Plant (WTP), which was a collective agreement between the parties that would apply to employees who were not members of the union. The application was heard in the Fair Work Commission (FWC). The dispute centred on whether the FWC had the authority to approve an agreement that covered non-union members under the Fair Work Act 2009 (Cth). The primary issue was whether the FWC had the power to approve an agreement that would apply to all employees of the WTP, regardless of their union membership status.

The FWC considered the relevant provisions of the Fair Work Act, including section 177, which outlines the process for approving agreements that cover non-union members. The FWC also examined the principles of freedom of association and the role of the FWC in facilitating agreements that promote workplace harmony. The FWC concluded that it did have the authority to approve such agreements, as long as the agreement met certain criteria, such as providing a safety net for employees and ensuring that the agreement was not detrimental to the employees' interests. The FWC found that the proposed agreement met these criteria and approved it.

The FWC's reasoning was based on its interpretation of the Fair Work Act and its understanding of the principles of freedom of association and workplace harmony. The FWC held that the agreement in question provided a safety net for all employees and did not undermine the rights of non-union members. The FWC also noted that the agreement had been negotiated in good faith and was in the best interests of the employees. The FWC approved the agreement, subject to certain conditions, including the requirement that the agreement be registered with the FWC and that the parties provide regular reports on its implementation. The AWU and the WTP were ordered to comply with the terms of the approved agreement.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established