DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2016/3634)

EVOLUTION PRECAST SYSTEMS PTY LTD AND THE AUSTRALIAN WORKERS’ UNION GREENFIELDS AGREEMENT 2016

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Evolution Precast Systems Pty Ltd and The Australian Workers’ Union Greenfields Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Evolution Precast Systems Pty Ltd and The Australian Workers’ Union Greenfields Agreement 2016 (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 is approved and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 7 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a Greenfields Agreement between Evolution Precast Systems Pty Ltd and The Australian Workers’ Union. The application was brought under the Fair Work Act 2009, specifically seeking the Fair Work Commission's endorsement of the agreement as a lawful and appropriate workplace arrangement. The agreement in question was aimed at setting terms and conditions for employees at Evolution Precast Systems, and the union contended that it was beneficial for the workforce, while the employer argued for its practical and fair nature.

The primary legal issue before the court was whether the proposed Greenfields Agreement complied with the statutory requirements outlined in the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for being a genuine enterprise agreement, which included ensuring it was made in good faith, free from coercion, and provided fair and reasonable terms for employees. Additionally, the court had to determine if the agreement contained all the mandated terms and conditions as required by the legislation and if it adequately balanced the interests of both the employer and the employees.

In delivering its decision, the court meticulously examined the terms of the Greenfields Agreement against the legislative benchmarks. It found that the agreement was indeed made in good faith, without any evidence of coercion, and that it offered fair and reasonable terms for the employees. The court also confirmed that the agreement included all the necessary mandated terms and conditions, and that it struck an appropriate balance between the rights and obligations of the employer and the employees. Based on these findings, the court approved the agreement, recognising it as a legitimate and effective workplace arrangement that met all statutory requirements.

The final orders of the court were to approve the Evolution Precast Systems Pty Ltd and The Australian Workers’ Union Greenfields Agreement 2016, effective from the date of the court’s decision. The agreement was to be registered with the Fair Work Commission and would thereafter govern the employment terms and conditions for the employees at Evolution Precast Systems.

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