DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workfast Infrastructure Pty Ltd
(AG2020/1061)

WORKFAST INFRASTRUCTURE PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 APRIL 2020

Application for approval of the Workfast Infrastructure Pty Ltd & The Australian Workers' Union Agreement 2020

[1] Workfast Infrastructure Pty Ltd has made an application for approval of a greenfields agreement known as the Workfast Infrastructure 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 (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] I note that, pursuant to s 53(2)(b) of the Act, the Agreement was made with the AWU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 May 2020. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Workfast Infrastructure Pty Ltd and The Australian Workers' Union, sought approval of an enterprise agreement. The agreement was to be registered under the Fair Work Act 2009 (Cth). The dispute was heard in the Fair Work Commission (FWC). The FWC was required to determine if the agreement met the requirements of the Fair Work Act and whether it should be approved for registration.

The key legal issues were whether the agreement complied with the formal requirements of the Fair Work Act, such as providing clear and concise terms, and whether it met the "better off overall test" (BOOT). This test ensures that the agreement is at least as good as the applicable award or registered agreement. Additionally, the FWC had to assess if the agreement was free from prohibited content, such as discrimination or unfair dismissal provisions.

The FWC found that the agreement met all the formal requirements and complied with the BOOT. The FWC concluded that the agreement provided employees with improved terms and conditions of employment compared to the relevant award. The FWC also found that the agreement did not contain any prohibited content. Consequently, the FWC approved the application for registration of the agreement.

The FWC ordered that the Workfast Infrastructure Pty Ltd & The Australian Workers' Union Agreement 2020 be registered under the Fair Work Act, effective from the date of registration. The agreement would then apply to the employees covered by it, providing them with the improved terms and conditions as negotiated between the parties.

Workfast Infrastructure 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