DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2015/4436)

W.M LOUD (AUST) PTY LTD, A.W.U CONSTRUCTION AND MAINTENANCE AGREEMENT 2015 TO 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the W.M LOUD (AUST) PTY LTD, A.W.U Construction and Maintenance Agreement 2015 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the W.M LOUD (AUST) PTY LTD, A.W.U Construction and Maintenance Agreement 2015 to 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Australian Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is
10 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers’ Union sought approval of a new enterprise agreement with W.M LOUD (AUST) PTY LTD, covering the period 2015 to 2017. The union submitted the A.W.U Construction and Maintenance Agreement 2015 to 2017 for endorsement, which would govern the employment terms and conditions of the company’s employees.

The legal issues before the Commission centred on whether the agreement complied with the statutory requirements of the Fair Work Act 2009, specifically regarding the provisions on minimum wages, penalty rates, and other entitlements. The union argued that the agreement was fair and reasonable, while the employer raised concerns about the financial implications of the proposed terms.

The Commission examined the agreement in detail, considering the submissions from both parties and the broader context of the industry. The Commission found that the agreement met the necessary statutory criteria and was fair and reasonable in all respects. It determined that the proposed terms were appropriate given the nature of the industry and the bargaining positions of the parties. Consequently, the Commission approved the agreement, ensuring that the employees would benefit from the outlined terms and conditions of employment.

The Commission’s final order was that the A.W.U Construction and Maintenance Agreement 2015 to 2017 be approved as a registered agreement under the Fair Work Act 2009. This decision provided legal certainty to the terms and conditions of employment for the employees of W.M LOUD (AUST) PTY LTD for the specified period.

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