DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2016/3517)

LACK GROUP SERVICES PTY LTD / AWU WESTCONNEX M4 EAST PROJECT CIVIL CONSTRUCTION GREENFIELD AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Lack Group Services Pty Ltd / AWU WestConnex M4 East Project Civil Construction Greenfield Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Lack Group Services Pty Ltd / AWU WestConnex M4 East Project Civil Construction Greenfield 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union sought approval of the Lack Group Services Pty Ltd / AWU WestConnex M4 East Project Civil Construction Greenfield Agreement 2016 in the Fair Work Commission. The application was made pursuant to section 234 of the Fair Work Act 2009, seeking the Commission to make an order approving the agreement as a registered agreement. The legal issues before the Commission included whether the agreement was in the interests of the employees covered by it, and whether the agreement was made in good faith and without coercion.

The Commission found that the agreement was in the interests of the employees and was made in good faith and without coercion. The Commission considered the parties' bargaining positions, the terms of the agreement, and the process by which the agreement was negotiated. The Commission noted that the agreement provided for a significant pay increase and improved conditions for the employees, and that the negotiation process was transparent and involved meaningful consultation between the parties. The Commission concluded that the agreement was in the interests of the employees and was made in accordance with the requirements of the Fair Work Act.

The Commission approved the agreement and made an order registering it as a registered agreement. The order is binding on the parties and their successors in title, and provides for the terms and conditions of employment of the employees covered by the agreement. The order also includes provisions for the resolution of disputes arising under the agreement, and provides for the agreement to be reviewed and varied by the Commission if necessary. The order is effective from the date of registration and remains in force until varied or terminated by the Commission.

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