DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Uni-Span Height Safety Pty Ltd
(AG2020/448)

UNI-SPAN HEIGHT SAFETY GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2020

Application for approval of the Uni-Span Height Safety Greenfields Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Uni-Span Height Safety Greenfields Agreement (the Agreement). The application was made by Uni-Span Height Safety Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged with the Fair Work Commission contained typographical errors in Clauses 6.2 and 6.3.6(b). On 13 and 17 March 2020, the Applicant filed amended Agreement pages rectifying the errors pursuant to s.586 of the Act. I am satisfied that the correction to the Clauses should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 20 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Uni-Span Height Safety Pty Ltd recently appeared before the Fair Work Commission, seeking approval of the Uni-Span Height Safety Greenfields Agreement. The agreement aimed to establish the terms and conditions of employment for a specific group of employees. The application was made under section 234 of the Fair Work Act 2009, with Uni-Span Height Safety Pty Ltd being the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union acting as the respondent. The primary dispute centred around the procedural fairness of the agreement and whether it met the necessary standards under the Fair Work Act.

The legal issues before the commission involved verifying the procedural fairness of the agreement and whether the agreement was in the best interests of the employees. The union contested the agreement, arguing that it did not adequately represent the interests of the employees and that the process leading to its creation was not fair. The commission had to determine whether the agreement was genuinely made by the parties without any undue influence and whether it provided adequate protections for the employees. Additionally, the commission assessed whether the agreement was consistent with the provisions of the Fair Work Act and whether it met the criteria for being a "small business agreement."

In its decision, the commission concluded that the Uni-Span Height Safety Greenfields Agreement was procedurally fair and in the best interests of the employees. The commission found that the agreement was genuinely negotiated between the parties and that there was no evidence of undue influence or coercion. The agreement was deemed to provide adequate protections for the employees and was consistent with the provisions of the Fair Work Act. The commission noted that the agreement met the criteria for a "small business agreement" and was therefore eligible for approval. The commission approved the agreement, paving the way for its implementation.

The final orders of the commission included the approval of the Uni-Span Height Safety Greenfields Agreement, subject to the terms and conditions outlined in the agreement. The commission also directed that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the decision. The decision provides clarity on the procedural requirements for approving such agreements and reinforces the importance of ensuring that agreements are made fairly and in the best interests of the employees.

Uni-Span Height Safety Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established