DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2016/2381)

P & T FORMWORK & WELDING PTY LTD SYDNEY LIGHT RAIL PROJECT GREENFIELDS AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2016

Application for approval of the P & T Formwork & Welding Pty Ltd Sydney Light Rail Project Greenfields Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the P & T Formwork & Welding Pty Ltd Sydney Light Rail Project 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 16 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union filed an application before the Federal Court of Australia for the approval of the P & T Formwork & Welding Pty Ltd Sydney Light Rail Project Greenfields Agreement 2016. The Union sought the court’s approval of the agreement which it had entered into with the employer. The nature of the dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009. The key issue was whether the agreement provided for the appropriate protections for employees under the Act.

The legal issues the court was required to decide were whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether the agreement allowed for proper industrial action. The court also had to consider whether the agreement provided for adequate dispute resolution mechanisms and whether the agreement had been negotiated in good faith. The court considered the arguments of both the Union and the employer and examined the provisions of the agreement in detail.

The court found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it allowed for proper industrial action. The court also found that the agreement provided for adequate dispute resolution mechanisms and that it had been negotiated in good faith. The court was satisfied that the agreement met the criteria for approval under the Act and granted the application for approval. The court found that the agreement was in the best interests of the employees and would provide them with appropriate protections.

The court ordered that the P & T Formwork & Welding Pty Ltd Sydney Light Rail Project Greenfields Agreement 2016 be approved under the Fair Work Act 2009. The court also ordered that the agreement be registered with the Fair Work Commission. The Union was permitted to commence implementing the agreement with the employer, subject to any appeals that may be made by the employer or other interested parties. The court’s decision provided clarity and certainty for the parties and ensured that the agreement would provide appropriate protections for the employees.

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