DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Urban Metro Civil Pty Ltd
(AG2020/1666)

THE URBAN METRO CIVIL PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 JULY 2020

Application for approval of The Urban Metro Civil Pty Ltd & The Australian Workers' Union Agreement 2020.

[1] Urban Metro Civil Pty Ltd has made an application for approval of a greenfields agreement known as The Urban Metro Civil Pty Ltd & The Australian Workers’ Union Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[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 has 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(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I note that pursuant to s 53(2)(b) of the Act, 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 of the Act, will operate from 8 July 2020. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Urban Metro Civil Pty Ltd applied to the Fair Work Commission for approval of The Urban Metro Civil Pty Ltd & The Australian Workers' Union Agreement 2020. The Australian Workers' Union, on behalf of its members employed by Urban Metro Civil, sought approval of the agreement. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it contained all the necessary provisions and whether it was made in good faith and without coercion.

The court was required to determine whether the agreement was a genuine enterprise agreement and whether it was made in compliance with the Fair Work Act. The court examined the agreement to ensure it contained all the mandatory provisions, such as minimum wages, penalty rates, and notice of termination. The court also considered whether the agreement was made in good faith and without coercion, taking into account the bargaining history and the conduct of the parties during the bargaining process.

The court found that the agreement met all the requirements of the Fair Work Act. The agreement contained all the mandatory provisions and was made in good faith and without coercion. The court was satisfied that the bargaining process was conducted in a reasonable manner and that the agreement reflected the genuine needs of the parties. The court approved the agreement, which will now apply to the employees covered by the agreement.

The court ordered that the agreement be registered and published in accordance with the Fair Work Act. The agreement will now apply to the employees covered by the agreement, providing them with the terms and conditions of employment set out in the agreement. The decision provides clarity for employers and employees in relation to the approval of enterprise agreements and the requirements of the Fair Work Act.

Urban Metro Civil 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