DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2015/1327)

LINCON DINGLEY BYPASS PROJECT GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 18 JUNE 2015

Application for approval of the Lincon Dingley Bypass Project Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lincon Dingley Bypass Project Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Australian Worker’s Union. The Agreement is a greenfields agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Worker’s Union, the employee organisation to be covered by the agreement, 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.

[6] The Agreement was approved on 18 June 2015 and, in accordance with s.54, will operate from 25 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Workers' Union sought approval of a proposed agreement to facilitate the construction of the Lincoln Dingley Bypass Project in Greenfields. The applicant argued the agreement would provide significant economic benefits to the region, including job creation and infrastructure improvements. The dispute was heard by the Fair Work Commission, the tribunal tasked with regulating workplace relations and approving enterprise agreements.

The central legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The tribunal had to determine if the agreement met the prerequisites for approval, including ensuring it did not adversely affect employees' job security, wages, or other conditions of employment. Furthermore, the tribunal needed to assess whether the agreement provided a fair and equitable balance of benefits and detriments to the employees.

The tribunal found that the proposed agreement was consistent with the legislative requirements. It concluded that the agreement provided fair and equitable benefits to the employees, including job security and improved working conditions. The tribunal also noted that the economic benefits of the project would likely outweigh any potential detriments to the employees. As such, the tribunal approved the proposed agreement, highlighting its potential to deliver significant benefits to the Greenfields community.

The tribunal's decision was that the proposed agreement should be approved and implemented to facilitate the Lincoln Dingley Bypass Project. The tribunal found that the agreement met all the necessary legal criteria and would provide a fair balance of benefits and detriments to the employees. The tribunal's approval of the agreement paves the way for the project to proceed, with the potential for significant economic and social benefits for the Greenfields community.

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