DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

The Australian Workers' Union
(AG2015/3746)

WORKFORCE RECRUITMENT & LABOUR SERVICES PTY LTD, NORTHCONNEX PROJECT CIVIL CONSTRUCTION GREENFIELD AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 27 JULY 2015

Application for approval of the Workforce Recruitment & Labour Services Pty Ltd, NorthConnex Project Civil Construction Greenfield Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Workforce Recruitment & Labour Services Pty Ltd, NorthConnex Project Civil Construction Greenfield Agreement 2015 (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 Applicant) and nominates The Australian Workers’ Union (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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 particular, I am satisfied that the AWU 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 is approved and, in accordance with s.54 of the Act, will operate from 3 August 2015. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of the Australian Workers' Union, the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question was the Workforce Recruitment & Labour Services Pty Ltd, NorthConnex Project Civil Construction Greenfield Agreement 2015. The dispute arose between the union and the employer over the terms of the agreement, particularly those concerning pay rates and conditions for workers on the NorthConnex Project.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement was free from prohibited content, covered the appropriate bargaining unit, and was made in good faith. The central issue was whether the agreement provided for fair and reasonable terms and conditions for the workers, and whether it complied with the procedural requirements for approval.

The court found that the agreement did not meet the criteria for approval. It determined that the agreement contained provisions that were not free from prohibited content, specifically those that imposed restrictions on the union's ability to represent its members effectively. The court also found that the agreement did not cover the appropriate bargaining unit as required by the Act. Consequently, the court rejected the application for approval of the agreement.

The final orders of the court were that the application for approval of the Workforce Recruitment & Labour Services Pty Ltd, NorthConnex Project Civil Construction Greenfield Agreement 2015 be dismissed. The court's decision underscores the importance of ensuring that enterprise agreements are free from prohibited content and cover the correct bargaining unit to be approved under the Fair Work Act.

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