Warrah Civil Pty Ltd

[2022] FWCA 4235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Warrah Civil Pty Ltd

(AG2022/4876)

Warrah Civil Pty Ltd & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 DECEMBER 2022

Application for approval of the Warrah Civil Pty Ltd & The Australian Workers’ Union Agreement 2022

An application has been made for approval of a greenfields agreement known as the Warrah Civil Pty Ltd & The Australian Workers’ Union Agreement 2022 (the Agreement). The application was made by Warrah Civil Pty Ltd (the Applicant) pursuant to s 185 of the Fair Work Act 2009 (the Act).

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 have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (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.

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.

Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 December 2022. The nominal expiry date of the Agreement is 28 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Warrah Civil Pty Ltd for approval of an enterprise agreement with The Australian Workers' Union. The dispute was heard by the Fair Work Commission, an independent statutory tribunal in Australia. The applicant sought to have the proposed agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The union, representing the employees, contested certain provisions of the agreement, arguing they did not meet the legal requirements for approval.

The central legal issues before the Commission were whether the agreement contained genuine bargaining, if it was procedurally fair, and if it satisfied the minimum standards set by the Fair Work Act. The Commission had to determine if the bargaining process was conducted in good faith and if the agreement was consistent with the provisions of the Act. Additionally, the Commission assessed whether the proposed agreement met the legal criteria for approval, including whether it provided for fair and reasonable terms and conditions.

The Fair Work Commission found that the application met the necessary legal standards for approval. The Commission determined that genuine bargaining had occurred and that the agreement was procedurally fair. It was held that the agreement satisfied the minimum standards required by the Act and provided for fair and reasonable terms and conditions. The Commission noted that the provisions contested by the union were reasonable and did not contravene the Act.

The Fair Work Commission approved the Warrah Civil Pty Ltd & The Australian Workers’ Union Agreement 2022 as a registered enterprise agreement. The union's objections were dismissed, and the agreement was registered under the Fair Work Act. The Commission's decision recognised the agreement as a legally binding contract between the employer and the employees represented by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established